LLB 2015 PDF

ORDINANCES RELATED TO LL.B.
EXAMINATIONS
(Three - Year Course)
(New Scheme)
BECHELOR OF LAWS
EXAMINATIONS - FACULTY OF LAW
0.251 :
There shall be a three-years course for the degree of LL.B. (P) and two-year course for the
degree of LL.B. (A) and the teaching shall be conducted through the lecture method,
practicals and class performance during the session and examination shall be conducted
through written papers, practicals and viva-voce at the end of each session.
Three Year LL.B. (P) Course :
1. LL.B. (P)/LL.B. (A) First Year Examination at the end of
the First Year.
2. LL.B. (P)/LL.B.(A) Second Year Examination at the end
of the Second Year.
3. LL.B. (P) Third Year Examination at the end of
the Third Year.
0.252 : (1) A candidate who has taken the bachelor's or the master's degree in Arts/
Science/Commerce/Medicine/Management/Engineering/Nursing/Agriculture or the degree
of Shastri/Acharya or the degree of Ayurvedacharya /Ayurveda Brihaspati, B.B.A., BCA,
BPE, BFA, B.Sc. (Information Science), B.Sc. (Information System) and B.Sc.
(Information Technology) of this university or any other university recognised for the
purpose by the syndicate with full course prescribed for the degree and secured a minimum
©MGSU Bikaner
of 45% marks (excluding any concessional marks) in the aggregate marks prescribed for
the examination for the aforesaid degree shall be eligible for admission to LL.B. First Year
Course. Provided that not more than 20% of the total seats in LL.B. First Year shall be
reserved for the candidates who will become eligible on the basis of Master's degree.
Explanation
For the purpose of this ordinance the marks of only those subjects/papers shall be
taken into account which had been considered for awarding division at the
Bachelor's/Master's Degree Examination.
Admission shall be made on the basis of merit and in accordance with the rules made
there by the competent authority.
0.253 :
A candidate who has completed a regular course of study from the University/
Constituent College or from an affiliated College for First Year of LL.B. (P) or LL.B. (A)
will, subject to the other provisions of the Act/Statutes, Ordinances, Rules and Regulations,
be admitted to the First Year Examination of the LL.B.(P) or LL.B.(A) Course depending
on the course he/she has taken.
0.253-A :
A candidate who after passing the examination of the First Year, has completed a
regular course of study from the University/Constituent College or from an affiliated
college for the Second Year of LL.B. (P) or LL.B. (A) course will, subject to the other
provisions of the Act, Statutes, Ordinances, Rules and Regulations, be admitted to the
Second Year Examination of LL.B. (P) or LL.B.(A) course, as the case may be.
©MGSU Bikaner
0.253-B :
A Candidate who after passing the examination of the Second Year has completed a
regular course of study from the University/Constituent College or from an affiliated
college for the Third Year of LL.B. (P) course, will subject to the other provisions of the
Act, Ordinances, Statutes, Rules and Regulations, be admitted to the Third Year
Examination of LL.B.(P).
0.254 :
A candidate who has once been awarded the degree of LL.B. (A) by the University
and has thereafter appeared at and passed, after having undergone a regular course of study
in the Third Year of the LL.B. (P) course, shall be awarded the degree of Bachelor of Laws
(Professional) in supersession of his/her degree of the Bachelor of Laws (Academic). This
fact shall be inserted in the degree of Bachelor of Laws (Professional).
0.255 :
Every candidate for the two years course for the degree of LL.B. (A) and the three
years course for the degree of LL.B. (P) shall present him/herself for examination in the
papers prescribed in the Regulations.
*0.256 :
Each theory paper in LL.B. I, II and III Year shall be of 100 marks and of three hours
duration. The Practical paper in each year of LL.B. I, II and III Year has been divided into
two parts : Part "A" shall be of Written Examination of 80 marks and Part "B" shall be of
20 marks. A candidate shall be required to pass separately in Part A and Part B
examinations.
0.256-A :
©MGSU Bikaner
(1) Whenever, any option(s) in any paper has been provided in the syllabus of LL.B.I or
II or III Year, the Principal or the Head of the Unit will determine at the beginning of each
session the option or the options in which instructions will be provided during the session.
The choice of the candidate will be limited to the options so provided for instructions.
(2) A candidate may opt for one additional paper at LL.B. I/II/III Year examination, if
permitted by the Principal or Head of the Unit. For such additional paper no teaching
facility will be provided and the candidate will have to appear at the examination in such
additional paper at his/her own risk and the marks obtained therein will not be counted
while working out his result but will be shown in the marks-sheet separately. For a pass in
such papers the candidate has to secure at least 36% marks.
*0.256-B:
The Vice-Chancellor may, on the recommendation of the Dean, Faculty of Law, of
the University, permit transfer of a candidate who has passed in any year of the LL.B.(P) or
LL.B.(A) Examination of another University under a scheme which in detail is the same or
similar to the scheme of this University of LL.B.(P) or LL.B(A) Examination to such year
of the LL.B.(P) or LL.B.(A) course and on such terms and conditions as he may lay down.
The marks of all the examinations viz. I Year Examination and II Year Examination
in case of LL.B.(A) degree and I Year Examination, II Year Examination and III Year
Examination in case of LL.B. (P) degree will be counted together for classification of
result.
Schemes of Examination :
The Candidate shall be permitted one main (as regular student) and three more
attempts (as an Ex-student) in LL.B. I/II/III Year Examination to pass that examination.
©MGSU Bikaner
*0.163 :
An Ex-student for the LL.B. I/II/III Year Examination shall be required to take the
examination in the immediately following year and if he fails again or does not take the
examination, he shall be given further two consecutive chances only to clear the
examination.
An Ex. student for the LL.B. I/II/III year examination, who has passed in the part-B of
the practical paper(s) namely 1.9, 2.9, 3.7, 3.8 & 3.9 of the LL.B. I/II/III year shall be
exempted from re-appearing in the Part-B of the practical paper(s) in the subsequent year(s)
and in that case the marks obtained by him/her in part-B of the practical paper(s) shall be
added to the marks obtained by him/her in part-A of the practical paper(s) at subsequent
examination (as an Ex-Student) in order to determine his/her result.
If a candidate fails in LL.B. I/II/III year examination consecutively four times, he/she
has to take a fresh admission in that class as regular student.
For the purpose of passing in LL.B. I/II/III year Examination, a candidate has to
obtain minimum 36% marks individually in theory and practical subjects and 48% marks in
aggregate in all the three classes of LL.B. I/II/III year Examinations.
The successful candidate who secured 60% or more marks shall be placed in the first
division and rest in the second division.
Eligibility for Supplementary Exams:
A candidate who obtains minimum 36% marks individually and 48% marks in
aggregate in at least five papers including Part-B of the practical paper(s) namely 1.9, 2.9 &
3.9 of the LL.B. I/II/III year of that Examination shall be eligible to re-appear in not more
©MGSU Bikaner
than four theory papers/Part-A of his/her choice at the following supplementary
examination.
If a candidate does not secure minimum 36% marks in Part-B of the particular
paper(s), he/she shall be allowed to re-appear in Part-B of the practical paper(s) in the
following supplementary examination. If he/she is otherwise eligible to appear in
supplementary examination.
A candidate fails to clear the LL.B. I/II/III Year Examination as the case may be in
the afore-said manner in the supplementary examination, he/she will be allowed to reappear
at the subsequent following examination in all the papers as an ex-student and provisional
admission if granted in higher class shall be treated automatically cancelled.
The marks actually obtained by the candidate at the supplementary examination shall
be taken into account only for the purpose of declaring him pass in the examination but not
for awarding his/her division.
LL.B. First Year Exam. 2016
First eight papers of LL.B. First Year Examination shall be of 100 marks and of 3 hours
duration and the ninth paper(Practical Paper) shall contain two parts- Part-A and Part-B.
Part-A shall be of 80 marks and of 3 hours duration and Part-B shall be of 20 marks.
Compulsory Papers :
1.1 Contract-I (General Principles of Contract, and consumer
Protection Act, 1986) (as amended up-to date).
1.2 Contract-II (Specific Contract, Sale of Goods Act, 1930, Indian
Partnership Act, 1932 and Specific Relief Act, 1963)
1.3 Law of Torts and Motor Vechicle Act.
©MGSU Bikaner
1.4 Family Law-I (Hindu Law)
1.5 Family Law-II (Mohammedan Law)
1.6 Constitutional Law of India
1.7 Environmental Law
Optional Paper (Any One)
1.8 (a) Legal and Constitutional History of India.
1.8 (b) Rajasthan Local Laws
1.8 (c) Criminal Minor Acts.
Practical Paper:
1.9 Professional Ethics, Lawyer's accountability and Bar-Bench relations.
LL.B. Second Year Exam 2016
First eight papers of LL.B. Second Year Examination shall be of 100 marks and of 3 hours
Compulsory Papers:
2.1 Jurisprudence
2.2 Law of Crimes
2.3 Law relating to Transfer of property & Easement
2.4 Company Law
2.5 Public International law and Human rights
2.6 Labour Laws
©MGSU Bikaner
2.7 Administrative Law
Optional Paper: (Any One)
2.8 (a) Taxation Law
2.8 (b) Insurance Law
2.8 (c) Banking Law including Negotiable Instrument Act, 1881.
Practical Paper :
2.9 Public Interest Lawyering, Legal Aid and Para Legal Services.
LL.B. Third Year Exam 2016
First eight papers of LL.B. Third Year Examination shall be of 100 marks and of 3 hours
Compulsory Papers:
3.1 Law of Evidence
3.2 The Code of Criminal Procedure, 1973, Juvenile Justice Act,
2000 and Probation of Offenders Act, 1958.
3.3 The Code of Civil Procedure, 1908 and Limitation Act, 1963.
3.4 Legal Language, Legal Writing including General English and
Interpretation of Statutes.
3.5 Trust, Equity and Fiduciary Relationship
Optional Paper: (Any One)
3.6 (A) Criminology and Penology
©MGSU Bikaner
3.6 (B) Intellectual Property Law
3.6 (C) Law of Medicine
3.7 Arbitration, Conciliation and alternative Disputes Resolution
System.
3.8 Land Laws
Practical Papers:
3.9 Drafting, Pleading, Conveyancing and Moot Court trial.
©MGSU Bikaner
COURSE CONTENTS
LL.B. Ist year
Paper 1.1 Contract-I (General Principles of Contrac and Consumer protection ACT,
1986).
Max.Marks : 100 Min.Pass Marks : 36
Note : The questions paper shall contain 10 questions in all. Candidate is required to
attempt 5 questions. Each question is divided into two parts - Part A and Part B having 16
and 4 marks respectively. Candidate has to answer part A in about 5 pages and Part B in
about 100 words.
Syllabus
1. General Principles of Law of Contract
1.1 History and nature of contractual obligations.
1.2 Agreement and contract: definitions, elements, characteristics and kinds.
1.3 Proposal and acceptance - various forms, essential elements, communication and
revocation - proposal and invitation to proposal, floating offers, tenders.
1.4 Consideration - need, meaning, kinds, essential elements - nudum pactum - Privity of
contract and of consideration - its exceptions, adequacy of consideration, present, past
and future consideration, unlawful consideration and its effects, views of Law
Commission of India on consideration, evaluation of the doctrine of consideration.
©MGSU Bikaner
1.5 Capacity to contract - meaning - incapacity to contract - minor's Agreements-
definition of 'minor', necessaries supplied to a minor, agreements beneficial and
detrimental to a minor, affirmation-restitution in cases of minor's agreements, fraud
by a minor, agreements made on behalf of a minor, minor's agreements and estoppel,
evaluation of the law relating to minor's agreements.
1.6 Consent -Free consent - Its need, definition and factors
vitiating free consent.
Coercion-definition, essential elements, duress and coercion Various illustrations of
coercion, doctrine of economic duress, effect of coercion, Undue Influence-definition,
essential elements, parties between whom such influence is presumed, where liability
to prove the existence of undue influence, who is to prove it?, Illustrations of undue
influence, independent advice, Pardahanashin women, unconscionable bargains,
effect of undue influence, misrepresentation - definition, misrepresentation of law
and of fact, their effects and illustration,
Fraud-definition, essential elements-suggestions falsi-suppresio veri, when does
silence amounts to fraud?, Active-concealment, importance of intention.
Mistake - definition, kinds, fundamental error, mistake of law and of fact, their
effects, when does a mistake vitiate free consent and when does it not vitiate free
consent?
1.7 Legality of objects:
Void and voidable agreements - void, voidable, illegal and unlawful agreements and
their effects, Lawful and unlawful considerations and objects, Forbidden by law,
©MGSU Bikaner
Defeating the provision of any law, Fraudulent, Injurious to person or property,
Immoral, Against public policy,
Void Agreements - Agreements without consideration, Agreements in restraint of
marriage, Agreements in restraint of trade, its exceptions - sale of goodwill, section
11 restrictions, exceptions under the partnership Act, trade combinations, exclusive
dealing agreements, restraints on employees under agreements of service, Agreements
in restraint of legal proceedings - its exceptions, Uncertain agreements, Wagering
agreement - its exception.
1.8 Discharge of a contract and its various modes.
By performance-conditions of valid tender of performance How?, By whom? Where?
When? In what manner? Performance of reciprocal promises, time as essence of
contract, By breach-anticipatory breach and present breach, Impossibility of
performance - specific grounds of frustration-application to leases, theories of
frustration, effect of frustration, frustration and restitution, By period of limitation, By
agreement - rescission and alteration, their effect, remission and waiver of
performance, extension of time - accord and satisfaction.
1.9 Quasi-contracts or certain relations resembling those created by contract.
1.10. Remedies in contractual relations;
Damages-kinds, remoteness of damages, ascertainment of damages, Injunction - when
granted and when refused, Why?, Refund and restitution, Specific performance -
When? Why?
2. Government as a Contracting Party
Constitutional provisions - government power to contract -procedural requirements.
©MGSU Bikaner
3. Standard Form Contracts
Nature, advantages - unilateral character, principles of protection against the
possibility of exploitation, judicial approach to such contracts, exemption clauses,
clash between two standard form contracts, Law Commission of India's views.
4. Consumer Protection Act - 1986 (Amended).
Leading Cases
- Carlil V/s Carbolic Smoke Ball Company (1883) I.Q.B.256.
- Bhagwan Das V/s Girdhari Lal & Company. AIR 1966. S.C.543.
- Lalman Sukha V/s Gauri Dutt All. IJ (1913) 409.
- Mohri Bibi V/s Dharmodas Ghose (1903) I.A.172.
- Indian Medical Association V/s V.P. Shantha, AIR 1996 SC 500
- J.J. Merchant V/s Shrinath Chaturvedi, AIR 2002 SC 2931
Select Bibliography
- Beatsen (ed.), Anson's Law of Contract (27th ed. 1998).
- P.S.Atiya, Introduction to the Law of Contract 1992 reprint
(Claredon Law Series).
- Avtar Singh, Law of Contract (2000) Eastern, Lucknow.
- G.C.Cheshire, and H.S. Fifoot and M.P. Furmston, Law of
Contract (1992)
ELBS with Butterworths M.Krishnan Nair, Law of Contracts, (1998).
- G.H. Treitel, Law of Contract, Sweet & Maxwell (1997 Reprint).
- R.K. Abichandani, (ed.), Pollock and Mulla on the Indian Contract
and the Specific Relief Act (1999), Tripathi.
©MGSU Bikaner
- Anson, Law of Contract (1998), Universal.
- Avtar Singh - Law of Contract.
- Gurbax Singh - Law of Consumer Protection.
- P. Leela Krishna - Consumer Protection & Legal Contract.
- Avtar Singh, Law of Consumer Protection.
PAPER 1.2 CONTRACT-II (SPECIFIC CONTRACTS, SALE OF GOODSACT,
1930, INDIAN PARTNERSHIP ACT, 1932 AND SPECIFIC RELIEF ACT, 1963)
Max. Marks: 100 Min. Pass Marks : 36
Note: The questions paper shall contain 10 questions in all. Candidate is required to
about 100 words.
Syllabus
1. Indemnity
The concept, Need for indemnity to facilitate commercial transactions, Methods of
creating indemnity obligations, Definition of Indemnity, Nature and extent of liability
of the indemnifier, Commencement of liability of the indemnifier, Situations of
various types of indemnity creations, Nature of indemnity clauses.
2. Guarantee
The concept, Definition of guarantee: as distinguished from Indemnity, Basic
essentials for a valid guarantee contract, The place of consideration and the criteria
for ascertaining the existence of consideration in guarantee contracts, Position of
©MGSU Bikaner
minor and validity of guarantee when minor is the principal debtor, creditor or surety,
Continuing guarantee, Nature of surety's liability, Duration and termination of such
liability, Illustrative situations of existence of continuing guarantee, Creation and
identification of continuing guarantees, Letters of credit and bank guarantees as
instances of guarantee transactions, Rights of surety, Position of surety in the eye of
law, Various judicial interpretations to protect the surety, Co-surety and manner of
sharing liabilities and rights, Extent of surety's liability, Discharge of surety's liability.
3. Bailment
Identification of bailment contracts in day today life, Manner of creation of such
contracts, Commercial utility of bailment contracts, Definition of bailment, Kinds of
bailees, Duties of Bailor and Bailee towards each other, Rights of bailor and bailee,
Finder of goods as a bailee, Liability towards the true owner, Obligation to keep the
goods safe, Right to dispose off the goods.
4. Pledge
Pledge: comparison with bailment, Commercial utility of pledge transaction,
Definition of pledge transactions, Definition of pledge under the Indian contract Act,
Rights of the pawner and pawnee, Pawnee's right of sale as compared to that of an
ordinary bailee, Pledge by certain specified persons mentioned in the Indian Contract
Act.
5. Agency
Identification of different kinds of agency transactions in day to day life in the
commercial world, Kinds of agents and agencies, Distinction between agent and
servant, Essentials of a agency transaction, Various methods of creation of agency,
©MGSU Bikaner
Delegation, Duties and rights of agent, Scope and extent of agent's authority, Liability
of the principal of acts of the agent including misconduct and tort of the agent,
Liability of the agent towards the principal, Personal liability towards the parties,
Methods of termination of agency contract, Liability of the principal and agent before
and after such termination.
6. Sale of Goods
Concept of sale as a contract, Illustrative instances of sale of goods and the nature of
such contracts, Essentials of contract of sale, Essential conditions in every contract of
sale, Implied terms in contract of sale, The rule of caveat emptor and the exceptions
thereto under the Sale of Goods Act, Changing concept of caveat emptor, Effect and
meaning of implied warranties in a sale, Transfer of title and passing of risk, Delivery
of goods: various rules regarding delivery of goods, Unpaid seller and his rights,
Remedies for breach of contract, Concept of nemo dat quad non habet with
exceptions.
7. Partnership
Nature of partnership: definition, Distinct advantages and disadvantages vis-a-vis
partnership and private limited company, Mutual relationship between partners,
Authority of partners, Admission of partners, Outgoing of partners, Registration of
Partnership, Dissolution of Partnership.
8. Specific relief under Specific Relief Act, 1963
8.1 Specific performance of contract, Contract that can be specifically enforced, Persons
against whom specific enforcement can be ordered.
8.2 Rescission and cancellation.
©MGSU Bikaner
8.3 Injunction, Temporary, Perpetual.
8.4 Declaratory orders.
8.5. Limited Liability Partnership Act, 2008
Leading Cases
- National Bank of India Ltd. V/s Sohan Lal, AIR 1962. Punjab 534.
- Amrit Lal Gordhan Lallan V/s State Bank of Travancore, AIR 1960 S.C.1432.
- Patnaik & Company V/s State of Orissa, AIR 1965 S.C. 1655.
- State of Gujarat V/s Maman Mohd., AIR 1967 S.C. 1885.
Select bibliography
- R.K. Abhichandani (ed.), Pollock and Mulla on Contracts and
Specific Relief Acts (1999) Tripathi, Bombay.
- Avtar Singh, Contract Act (2000), Eastern, Lucknow.
- Krishnan Nair, Law of Contract, (1999) Orient
- Avtar Singh, Principles of the Law of Sale of Goods and Hire
Purchase (1998), Eastern, Lucknow.
- J.P. Verma (ed.), Singh and Gupta, The Law of Partnership in India (1999),
Orient Law House, New Delhi.
- A.G.Guest (ed.), Benjamin's Sale of Goods (1992), Sweet & Maxwell.
- Beatson (ed.), Ansons' Law of Contract, (1998), Oxford, London.
- Saharay, h.k., Indian Partnership and Sale of Goods Act (2000), Universal
- Ramnainga, The Sales of Goods Act (1998), Universal
- Dasai S.T. The Law of Partnership in India and Pakistan.
- Kapoor N.D. - Mercantile Law (Hindi & English).
©MGSU Bikaner
- Banerjee, S.C., Law of Specific Relief (1998), Universal.
- Anand and Aiyer, Law of Specific Relief (1999), Universal.
PAPER 1.3 LAW OF TORTS AND MOTOR VECHICLE ACT
Max. Marks : 100 Min. Pass Marks : 36
about 100 words.
Syllabus
1. Evolution of Law of Torts
England- forms of action - specific remedies from case to case, India - principles of
justice equity and good conscience - uncodified character, advantages and
disadvantages.
2. Definition, Nature, Scope and Objects
A wrongful act - violation of duty imposed by law, duty which is owed to people
generally (in rem), damnum sine injuria and injuria sine damnum, Tort distinguished
from crime, breach of contract and Quasi Contract, The concept of unliquidated
damages, Changing scope of law of torts : expanding character of duties owned to
people generally due to complexities of modern society, Objects - prescribing
standards of human conduct, redressal of wrongs by payment of compensation,
prescribing unlawful conduct by injunction.
3. Principles of Liability in Torts
©MGSU Bikaner
Fault, Wrongful intent, negligence, Liability without fault, Violation of ethical codes,
Statutory liability, Place of motive in torts.
4. Justification in Tort
Volenti non fit injuria, Necessity, private and public, Plaintiff's default, Act of God,
Inevitable accident, Private defence, Statutory authority, Judicial and quasi-judicial
acts, Parental and quasi-parental authority.
5. Extinguishment of liability in certain situations
Actio personalis moritur cum persona - exceptions, Waiver and acquiescence,
Release, Accord and satisfaction, Limitation.
6. Standing
Who may sue-aggrieved individual - class action - social action group, Statutes
granting standing to certain persons or groups, Who may not be sued?
7. Doctrine of sovereign immunity and its relevance in India
8. Vicarious Liability
Basic, scope and justification, Express authorization, Ratification, Abetment, Special
relationships : Master and servant - arising out of and in the course of employment -
who is master? - the control test, who is servant? - borrowed servant, independent
contractor and servant, distinguished - Principal and agent, Corporation and principal
officer.
9. Torts against persons and personal relations
Assault, battery, mayhem, False imprisonment, Defamation - libel, slander including
law relating to privileges, Marital relations, domestic relations, parental relations,
©MGSU Bikaner
master and servant relations, Malicious prosecution, Shortened expectation of life,
Nervous shock.
10. Wrongs affecting property
Trespass to land, trespass ab initio, dispossession, movable property- trespass to
goods, detinue, conversion, Torts against business interests- injurious falsehood,
misstatements, passing off.
11. Negligence
Basic concepts, Theories of negligence, Standards of care, duty to take care,
carelessness, inadvertence, Doctrine of contributory negligence, Res ipsa loquitor and
its importance in contemporary law, Liability due to negligence : different
professionals, Liability of common carriers for negligence.
12. Nuisance
Definition, essentials and types, Acts which constitute nuisance obstructions of
highway, pollution of air, water, noise, and interference with light and air.
13. Absolute/Strict liability
The rule in Rylands v. Fletcher, Liability for harm caused by inherently dangerous
industries.
14. Legal remedies
Legal remedies, Award of damages - simple, special, punitive, Remoteness of damage
- foresee ability and directness, Injunction, Specific restriction of property, Extra-legal
remedies - self help, re-entry on land, re-caption of goods, distress damage feasant
and abetment of nuisance.
15 Central Motor Vehicle Act 1994 as amended up to date and rules under the Act.
©MGSU Bikaner
Leading Cases
- Ushaben V/s Bhagya Laxmi Chitra Mandir. AIR 1970. GUJ. 18.
- Municipal Corpn. of Delhi V/s Subhagwanti AIR 1966. S.C.page 1750.0
- Rylands V/s Fletcher (1869) IR HT 330.
- Union Carbide Corporation V/s Union of India, AIR 1992 SC248
- M.C. Mehta V/s Union of India, AIR 1987 SC 965
Select bibliography
- Salmond and Heuston - On the Law of Torts (2000) Universal, Delhi.
- D.D. Basu, The Law of Torts (1982), Kamal, Calcutta.
- B.M. Gandhi, Law of Tort (1987), Eastern, Lucknow
- P.S. Achuthan Pillai, The law of Tort (1994) Eastern, Lucknow.
- Ratanlal & Dhirajlal, The Law of Torts (1997), Universal, Delhi.
- Jai Narayan Pandey- Law of Torts (Hindi)
- R.K. Bangia- Law of Torts (Hindi)
- N.M. Shukla- Law of Torts (Hindi)
- A.K. Dixit Law of Torts & Consumer Protection (Hindi)
PAPER 1.4 Family Law-I (HINDU LAW)
about 100 words.
©MGSU Bikaner
Syllabus
1. Introduction - Sources, Schools and application,
Religious and Charitable Endowment - Essentials of an Endowment, Kinds, Shebait
and Mahant.
2. Customary practices and State regulation
Conditions of Hindu Marriage, its ceremonies and Registrations, Void and Voidable
marriage, Polygamy, Concubinage, Child marriage, Sati, Dowry.
3. Conversion and its effect on family
Marriage, Adoption, Guardianship, Succession.
4. Joint Family
Mitakshara joint family, Mitakshara coparcenary-formation and incidents, Property
under Mitakshara law - separate property and coparcenary property, Dayabhaga
coparcenary - formation and incidents, Property under Dayabhaga law, Karta of the
joint family - his position, powers, privileges and obligations, Alienation of property -
separate and coparcenary, Debts - doctrines of pious obligations and antecedent debt,
Partition and re-union, Joint Hindu family as a social security institution and impact
of Hindu Gains of Learning Act and various tax laws on it, Matrilineal joint family.
5. Inheritance
Historical perspective of traditional Hindu law as a background to the study of Hindu
Succession Act, 1956, Succession to property of a Hindu male dying intestate under
the provisions of Hindu Succession Act, 1956, Devolution of interest in Mitakshara
coparcenary with reference to the provisions of Hindu Succession Act, 1956,
©MGSU Bikaner
Succession to property of Hindu Succession Act, 1956, Disqualification relating to
succession, General rules of succession.
6. Matrimonial Remedies
Non-judicial resolution of marital conflicts - (a) Customary dissolution of marriage-
unilateral divorce, divorce by mutual consent and other modes of dissolution, Judicial
resolution of maritil conflicts : the family court, Nullity of marriage, Option of
puberty, Restitution of conjugal rights, Judicial separation, Desertion : a ground for
matrimonial relief, Cruelty : a ground for matrimonial relief, Adultery : a ground for
matrimonial relief, Other grounds for matrimonial relief, Divorce by mutual consent
under: Hindu Marriage Act, 1955: Bar to matrimonial relief: Doctrine of strict proof,
Taking advantage of one's own wrong or disability, Accessory, Connivance,
Collusion, Condonation, Improper or unnecessary delay, Residuary clause - no other
legal ground exists for refusing the matrimonial relief.
7. Alimony and maintenance
Maintenance of neglected wives, divorced wives, minor children, disabled children,
and parents who are unable to support themselves; provisions under the code of
Criminal Procedure, 1973, Alimony and maintenance as an independent remedy: a
review under personal law, need for reforming the law, Alimony and maintenance as
an ancillary relief.
8. Child and the Family
Legitimacy, Adoption, Custody, maintenance and education, Guardianship and
parental rights - welfare of the child principle.
9. Family and its changing patterns
©MGSU Bikaner
New emerging trends, Attenuation of family ties, Working women and their impact
on spousal relationship: composition of family, status and role of women, New
property concepts, such as skill and job as new forms of property, Factors affecting
the family: demographic, environmental, religious and legislative processes of social
change in India: sanskritization, westernization, secularization, universalization,
parochialization, modernization, industrialization and urbanization.
10. Settlement of spousal property
Need for development of law
11. Establishment of Family Courts
Constitution, power and functions, Administration of gender justice.
12. Uniform Civil Code - need for
Religious pluralism and its implications, Connotations of the directive contained in
Article 44 of the Constitution, Impediments to the formulation of the Uniform Civil
Code, The idea of Optional Uniform Civil Code.
Leading Cases
- Shastri Yagna Purushdasji V/s Muldas, AIR 1966 S.C. 1153.
- Hanooman Prasad V/s Mussamat Babooee Mandraj Kunwaree (1856) 6 M.I.A. 305.
- Gita Hariharan V/s Reserve Bank of India, AIR 1999 S.C. 1149.
- Bipin Chander V/s Prabhavati, AIR 1957 S.C. 176.
- Dr.N.G. Dastane V/s Sucheta Dastane, AIR 1975 S.C. 1534.
Select Bibliography
- Paras Diwan, Law of Instestate and Testamentary Succession (1998), Universal.
- Basu, N.D., Law of Succession (2000), Universal.
©MGSU Bikaner
- Kusem, Marriage and Divorce Law Manual (2000) Universal.
- Manchanda, S.C., Law and Practice of Divorce in India (2000) Universal.
- P.V.Kane, History of Dharmasastras Vol.2 pt.1 at 624-632 (1974).
- A.Kuppuswami (ed.) Mayne's Hindu Law and Usage Ch.4(1986).
- B.Sivaramayys, Inequalities and the Law, (1985).
- K.C.Daiya, "Population control through family planning in India, "Indian Journal
of Legal Studies, 85 (1979).
- J.D.M. Derrett, Hindu Law : Past and Present.
- J.D.M. Derrett, Dealth of Marriage Law.
- J.D.M. Derret, A Critique of Modern Hindu Law, (1970).
- Paras Diwan, Hindu Law (1985).
- S.T.Desai (ed.) Mulla's Principles of Hindu Law, (1998) - Butterworths-India.
- Paras Diwan, Family Law: Law of Marriage and Divorce in India, (1984).
- A.M.Bhattachargee, Hindu Law and the Constitution (1994) Eastern Law House,
Calcutta.
- Paras Diwan, Law of Adoption, Ministry, Guardianship and
Custody (2000), Universal.
- Paras Deewan- Hindu Law (Hindi)
- U.P.D. Kesri- Hindu Law (Hindi
PAPER 1.5. Family Law - II (Mohammedan Law)
©MGSU Bikaner
attempt 5 questions. Each question is divided into two parts - Part A and Part B
having 16 and 4 marks respectively. Candidate has to answer part A in about 5
pages and Part B in about 100 words.
1. Evolution and application of Law
1.1 Origin
1.2 Development
1.3 Sources
1.4 Schools
1.5 Application
1.6 Interpretation
1.7 conversion
2. Marriage
2.1 Nature of marriage
2.2 Essentials of marriage
2.2.1 Khyar-ul-bulug
2.2.2 Iddat
2.2.3 Khilwat-us-sahih
2.3 Matrimonial Stipulations
2.4 Kinds of marriages
2.5 Effects of marriages
3. Mahar (Dower)
3.1 Meaning
©MGSU Bikaner
3.2 Nature
3.3 Kinds of Dower
3.4 Objects of Dower
3.5 Subject matter of Dower
3.6 Wife's right on non-payment of dower.
4. Dissolution of marriage
4.1 Historical background
4.2 Talaq
4.3 Various kinds of Talaq
4.4 Sec.2 of the Dissolution of Muslim Marriage Act, 1939.
4.5 Legal Effect of Divorce.
5. Pre-emption (Haq Shufa)
5.1 Historical background of law.
5.2 Meaning.
5.3 Nature of Pre-emption.
5.4 Classification of Pre-emption.
5.5 Essential formalities.
5.6 Right of Pre-emption when there is conflict of laws.
5.7 Subject matter of pre-emption.
5.8 Legal effect of pre-emption.
5.9 Devices for evading pre-emption.
6. Gift (Hiba)
6.1 Meaning
©MGSU Bikaner
6.2 Requisites of valid gift.
6.2.1 Gift of musha
6.3 Conditional and future gift.
6.4 Life estate and life interest.
6.5 Hiba-bil-ewaj
6.6 Hiba-ba-shart-ul-ewaj.
7. Will (Vasiyat)
7.1 Competency of testator and legatee.
7.2 Valid subject of will.
7.3 Testamentary limitation.
7.4 Formalities of a will.
7.5 Abatement of Legacy.
8. Legitimacy and Acknowledgement
8.1 Legitimacy and Legitimation.
8.2 Presumption of Legitimacy under Muslim Law.
8.3 Presumption of Legitimacy under Sec.112 of the Indian
Evidence Act.
8.4 Conditions for valid acknowledgement.
9. Maintenance
9.1 Meaning
9.2 Persons entitled to maintenance.
9.3 Principles of maintenance.
©MGSU Bikaner
9.4 Maintenance of Divorced Muslim woman under the
Muslim woman (Protection of Right on Divorce) Act 1986
- a critical review.
10. Death Bed Transactions
10.1 Meaning of Marz-ul-maut.
10.2 Effect on Transactions during Marz-ul-maut.
11. Waqf
11.1 Meaning of waqf.
11.2 Essentials of waqf.
11.3 Kinds of waqf.
11.4 Beneficieries of waqf.
11.5 Formalities for creating waqf.
11.5.1 Waqf of musha.
11.6 Administration of waqf.
11.7 Mutawalli - Appointment, function, role, power, removal.
11.8 Various muslim religious institutions.
11.9 The waqf validating Act, 1913.
12. Inheritance
12.1 General Principles of Law of inheritance.
12.2 Classification of heirs under Hanafi and their shares and
distribution of property.
Leading cases
13.1 Maina Bibi V/s Choudhary Vakil Anmad (1925) 52 La.145.
©MGSU Bikaner
13.2 Habibur Rahman V/s Altaf Ali (1921) 481. A.114.
13.3 Monshee Bazul-ul-Raheem V/s Luteefutoon - Nissa (1861) 8 MIA. 379.
13.4 Abdul Fata V/s Russmoy Chaudhary (1894) 2ZIA76.
13.5 Mohd. Ahmad Khan V/s Shah Bano Begum AIR 1985 S.C. 945.
Select Bibliography
1. Fyzee, Muhammedan Law.
2. Mulla, Principles of Mohammedan Law.
3. A.M. Bhattacharygee, Muslim Law and the constitution.
4. Prof. B.L.Verma, Islamic law.
5. Dr. D.S. Thalore, Muslim Law, UBH Jaipur
6. Akil Ahamed - Muslim Law
PAPER 1.6 CONSTITUTIONAL LAW OF INDIA
Note : The questions paper shall contain 10 questions in all. Candidateis required to
about 100 words.
Syllabus
1 Introductory
1.1 Making of Indian Constitution.
1.2 Nature and special features of the Indian Constitution.
©MGSU Bikaner
1.3 Challenges to Indian Federalism
1.4 Preamble
1.5 Citizenship and state
2. Fundamental Rights, Directive Principles and
Fundamental Duties -
2.1 Concept of Fundamental Rights.
2.2 Constitutional provisions relating to Fundamental rights.
2.2(a) Trial by Media
2.3 Directive Principles - directions for social change -A new social order.
2.4 Inter-relationship between fundamental rights and directive principles.
2.5 Fundamental Duties - The need and status in constitutional set-up.
3. The Union Executive
The President and Vice-President of India, Council of Minister.
4. The Union Legislature
Lok Sabha, Rajya Sabha, privileges of the legislature.
5. The State Executive
The Governor, The Council of Ministers, Relationship between
the Governor and the Council of Ministers.
6. The State Legislature
Vidhan Sabha, Vidhan Parishad.
7. The Union Judiciary - The Supreme Court and High Courts.
8. Union and State Relationship
8.1 Legislative relationship
©MGSU Bikaner
8.2 Administrative relationship
8.3 Financial relationship
9. Services under the constitution -
9.1 Doctrine of Pleasure (Article 310)
9.2 Protection against arbitrary dismissal, removal or reduction in rank (Article 311)
and exceptions to Article 311.
9.3 Public Service Commission of the Union and the states.
10. Freedom of Trade, Commerce and Intercourse -
10.1 State liability in contracts and Torts.
10.2 Suits by and against the state.
10.3 Property Rights (Article 300-A).
11. Emergency
11.1 Meaning and scope.
11.2 National, State and Financial emergency.
11.3 Proclamation of Emergency - conditions, effect of emergency on centre - state
relations.
11.4 Emergency and suspension of fundamental rights.
12. The Amendment of the Constitution
12.1 Necessity of Amending provisions in the constitution.
12.2 Procedure for Amendment.
12.3 Amendments of fundamental rights.
12.4 Judicial review of amendment and the theory of Basic Structure.
Leading cases
©MGSU Bikaner
- Keshvanand Bharti V/s State of Kerala, AIR 1973 S.C.1461
- Maneka Gandhi V/s Union of India, AIR 1978 S.C. 597.
- Indra Sawhney V/s Union of India, AIR 1993, S.C. 477.
- S.R.Bommai V/s Union of India, AIR 1994, S.C. 1918.
- Vishaka V/s State of Rajasthan, AIR 1997, S.C. 3014.
Select Bibliography
- D.D. Basu, Introduction of the constitution of India, Prentice Hall of India,
Delhi.
- H.M.Seervai, Constitution of India, Vol.1-3, Tripathi, Bombay.
- V.N.Shukla, Constitutional law of India, Oxford.
- G.Austin, Indian Constitution : Cornerstone of a Nation.
- M.P. Jain, Indian Constitutional Law, Wadhwa and Company, Nagpur.
- Kagzi, The Constitution of India, India Law House, N.Delhi.
- G.N.Pandey- Constitution of India (Hindi)
PAPER 1.7 ENVIRONMENTAL LAW
about 100 words.
Syllabus
©MGSU Bikaner
1. Concept of Environment and Pollution -
1.1 Meaning and contents of environment
1.2 Meaning and contents of pollution
1.3 Kinds of pollution
1.4 Effects of pollution
2. Legal Control : Historical Perspective -
2.1 Indian tradition : Dharma of environment
2.2 British Raj - Industrial development and exploitation of nature
2.3 Nuisance - Penal code and procedural codes
2.4 Environmental Concerns in Modern India
3. Constitutional Protection to environment -
3.1 Constitution making - development and property oriented approach
3.2 Fundamental Rights and Environment - Rights to clean and healthy
environment, environment V/s development.
3.3 Directive principles of state policy and environment
3.4 Fundamental Duties and environment
3.5 Other provisions of the constitution relevant to environment
3.6 Emerging Principles - polluter pays, precautionary principle, public trust
doctrine, sustainable development
4. Environment Protection Act, 1986
4.1 Application of the Act
4.2 Definitions
©MGSU Bikaner
4.3 General Powers of the central government including the powers to give
directions
4.4 Prevention and control of environmental pollutions and procedure thereof
4.5 Penalties
5. The Water (Prevention and Control of Pollution) Act, 1974
5.2 Definitions
5.3 Constitution of central, state and joint boards
5.4 Powers and functions of the Board
5.5 Qualification and disqualification of the members
5.6 Prevention and control of water pollution and procedure there of
5.7 Funds, account and audit
5.8 Penalties
6. The Air (Prevention and Control of pollution) Act, 1981
6.2 Definitions
6.3 Constitutions of central, State and joint boards
6.4 Powers and functions of the Board
6.5 Qualifications and disqualifications of the members
6.6 Prevention and control of Air pollution and procedure there of
6.7 Funds, account and audit
6.8 Penalties
7. Noise Pollution
©MGSU Bikaner
7.1 Meaning of Noise pollution
7.2 Sources of Noise pollution
7.3 Effects of Noise pollution
7.4 Legal Control
8. Forests and wild life protection
8.1 The Indian Forests Act, 1927 - Salient features of the Act, Applicability, Power
to reserve forests, power to declare forests land, powers and functions of forest
settlement officer, protected forests, penalties and contraventions.
8.2 The Forest (conservation) Act, 1980-Objectives, application and salient features
of the Act, definitions, Restrictions on the de-reservation of forests, advisory
committee, offences and penalties.
8.3 Wild life (Protection) Act, 1972 - Objectives, applicability and salient features
of the Act, Authorities, Duties of wild life Advisory Board, Hunting of wild
animals, sanctuaries, National Park, Closed areas, central Zoo authority, Trade
or commerce in wild animals, Animal articles and trophies, Prevention and
detection of offences, penalties.
9. International Regime
9.1 UN declaration on right to development
9.2 Stockholm, Rio etc. conferences.
9.3 Green House effect and Ozone depletion
9.4 Bio-diversity.
Leading Cases
©MGSU Bikaner
- Vellore citizen's welfare forum V/s Union of India, AIR 1996 SC 2715
- Tarun Bharat Sangh, Alwar V/s Union of India, AIR 1992 SC514
- A.P. Pollution control Board (II) V/s Prof. M.V. Nayudu, (2001) 2 SCC 62.
Select Bibliography
- Aarmin Rosencraz, Environmental Law and policy in India, Oxford.
- R.B. Singh & Suresh Mishra, Environmental Law in India,Concept Publishing Co.,
New Delhi.
- Kailash Thakur, Environmental Protection Law and policy in India, Deep & Deep
publications, New Delhi.
- Leela Krishan, P, Law and Environment, Eastern, Lucknow
- S.C. Shastri, Environmental Law, Eastern, Lucknow
- S. Shantha Kumar, Introduction to Environmental Law, Wadhwa,Nagpur
- Dr. C.P. Singh, Environmental Law (Hindi)
- Satish Shastri, Noise Pollution (Hindi)
- Aniurdh Prasad - Environmental Law (Hindi)
- Dr. S.K. Saini and Dr. Surendra Singh - Environmental Law (Hindi)
PAPER 1.8 (A) LEGAL AND
CONSTITUTIONAL HISTORY
©MGSU Bikaner
about 100 words.
Legal History of India
1. Judicial Systems in Ancient India
Judicial system in ancient India : Hindu period, Ancient Hindu social order and
religions philosophy, Administration of justice, Judicial system in medieval India :
Muslim period, The Mughal period : judicial system
2. Administration of Justice in Bombay, Madras and Calcutta
Emergence of the East India Company : development of authority under charters,
Trading body to a territorial power : subsequent charters, Administration of justice in
Madras from 1639 to 1726, Administration of justice in Bombay 1668-1726,
Administration of justice in Calcutta 1619-1726.
3. The Mayors Court
Genesis of the Charter of 1726, Provisions of the charter, Working in judicial system,
Charter of 1753, Defects of judicial systems.
4. Adalat System
Grant of Diwani, Execution of Diwani Functions, Judicial plan of 1772, Defects of
the plan, New Plan of 1774, Reorganization of adalats in 1780, Reforms of 1781, The
first civil code, Reforms in the administrations of criminal justice.
5. The Regulating Act 1773
Charter of 1774 and the Supreme Court of Calcutta, Some land mark cases: Issue of
Raja Nandkumar (1775) : whether a judicial murder?, The Patna cases (1777-79), The
©MGSU Bikaner
Cossijurah case (1779-80), Act of settlement 1781, Major defects, Supreme Courts at
Calcutta, Madras and Bombay, Law and administration in the Supreme Court.
6. Judicial Reforms
Judicial reforms of Cornwallis, Problems of judicial reforms 1793 1833, Impact of
reforms by Cornwallis 1793, Reforms of Sir John Shore (1793) Reforms of Lord
Wellesley (1798), Reforms of Lord Cornwallis (1805), Reforms of Lord Minto
(1807), Lord Hastings' administration of justice (1813), Judicial reforms of Lord
Bentick (1828), Defects of the systems.
7. Establishment of the High Courts
The Indian High Courts Act 1861, Charter of Calcutta High Court,
Allahabad High Court, The Indian High Courts Act 1911, The Government of India
Act 1915: other High Courts, Jurisdiction of high courts, Posts constitutional
developments.
8. The Federal Court of India
Foundation of the Federal Court, Jurisdiction, Authority of law, Expansion of
jurisdiction, Abolition of the Federal Court, An assessment.
9. Privy Council
Jurisdiction, Appeals from India, A unique institution.
10. The Supreme Court of India
Origin, Constitution, Jurisdiction and powers, Doctrine of precedents and the
Supreme Court, Recent Changes.
11 Growth of Criminal Law.
12 Growth of personal Law of Hindus and Muslims.
©MGSU Bikaner
13 Charter Act 1833.
14 Influence of English Law in India.
15 Prerogative writs in India.
16 Racial discrimination.
17 Growth of Justice, equity and good conscience.
Constitutional History of India
1 The Indian Councils Act 1909,
2 The Government of India Act 1919,
3 The Simon Commission and developments up to 1935,
4 The Government of India Act 1935,
5 The Cripps Mission,
6 The Cabinet Mission,
7 The Indian Independence Act 1947.
Leading Cases -
(i) Raja Nand Kumar case.
(ii) The Cossijurah Case
(iii) The Patna Case
(iv) Kamaluddeen Case
Select Bibliography
- Courtney llbert, Government of India (1962)
- Courtney llbert, The mechanics of Law Making (1914)
- M.P. Jain, Constitutional Law of India (1987) Tripathi, Bombay
©MGSU Bikaner
- M.P. Jain, Outlines of Legal History (1998), Tripathi
- M. Rama Jois, Legal and constitutional History of India (1984)(Two volumes)
- A.B. Keith, Constitutional History of India 1600-1936 (1936)
- A.C.Banerjee - The making of Indian Constitution.
- Rankin, G.C. Background to Indian Law (1946)
- V.D. Mahajan - Constitutional History of India.
- V.D. Kulshreshtha, Landmarks in Indian Legal History (1992),
Eastern Lukhnow.
- B.S. Sinha - Legal and Constitutional History.
- Eric Stakes, The English Utilitarian's and India (1992), Oxford, Delhi.
PAPER 1.8 (B) Rajasthan Local Laws
Max.Marks : 100 Min.Pass Marks : 36
about 100 words.
1. Rajasthan Panchayati Raj. Act., 1994
2. Rajasthan Municipalties Act, 2009
3. Rajasthan Right to Hearing Act, 2012
4. Rajasthan Guaranteed Delivery of Public Service Act, 2011
PAPER 1.8 (C) Criminal Minor Act
1. Narcotics Drugs Psychotropic Substance Act, 1985
©MGSU Bikaner
2. SC/ST Prevention of Atrocities Act, 1989
3. Protection of Child from Sexual Offences Act, 2012
4. I.T. Act., 2000: Special Emphasis on Cyber Crimes.
PAPER 1.9 PROFESSIONAL ETHICS,
LAWYER'S ACCOUNTABILITY
AND BAR - BENCH RELATIONS.
This paper will consist of following two parts -
Written Paper : 80 marks Min. Pass Marks : 29
Note : The questions paper shall contain 8 question in all. Candidate is required to attempt
4 questions. Each question is divided into two parts - Part A and Part B having 16 and 4
marks respectively. Candidate has to answer part A in about 5 pages and Part B in about
100 words.
Practical Exam.: 20 marks Min. Pass Marks : 7
The Practical examination shall be conducted by a committee of 2 examiners. In this
committee there shall be one internal and one external examiner.
Written Paper :
1.1 Basic Postulates of Administration of Justice
1.1 Image of justice.
1.2 Wheels of the chariot of justice.
©MGSU Bikaner
1.2.1 Bench-Judges in the image of justice.
1.2.2 Bar - Act, Plead and Dress of Advocate.
2. Historical Evolution of Legal Profession.
2.1 Legal Profession in Ancient India.
2.2 Position of Legal Profession in Muslim Regime.
2.3 Legal Profession during the British Regime.
3. Autonomy of Legal Profession
3.1 Indian Bar Committee, 1923
3.2 Indian Bar Council Act, 1926
3.3 All India Bar Committee, 1951
3.4 Unified Bar - The necessity of time.
3.5 14th Report of the Law Commission.
3.6 Advocates Act, 1961.
3.6.1 Provisions which strengthen Unified Bar.
3.6.2 Organization of Bar on All India Basis
3.6.3.1 Constitution of Bar Council and Elections.
3.6.3.2 Admission and Disciplinary action.
3.6.3.3 Regulation of Legal Education.
4. Image/Position of Legal Profession in Society
4.1 Advocacy is a profession not a business.
4.2 Legal profession is a noble profession.
4.3 Deterioration in Image of Legal Profession in Independent
India.
©MGSU Bikaner
4.4 Role of Lawyers in Society.
5. The necessity of the Professional Ethics.
5.1 The Art of Advocacy.
5.2 Professional Ethics.
5.2.1 Nature of Professional Ethics and the problems of the
code of Ethics.
5.2.2 Advantages of having codified professional ethics.
5.2.3 Professional Ethics - Rules of Conducts.
6. Bar-Bench Relationship
6.1 General Conception.
6.2 Advocates duty to the Court.
6.3 Duty of Judge towards the Advocate.
6.4 Duty of the Bar towards the Bench.
6.5 Grounds of disputes in Bar-Bench Relations.
6.6 Suggestions to improve Bar-Bench Relations.
7. Contempt of Court
7.1 Purpose and meaning of contempt of court.
7.2 Contempt of Court by Judge, lawyers and state.
7.2.1 Contempt by Judge, Magistrate or other persons
acting judicially.
7.2.2 Contempt of Court by Advocates.
7.2.3 Contempt of Court by State, Corporate bodies
and their officers.
©MGSU Bikaner
7.3 Punishment - Nature and Extent.
7.4 Power of Superior Courts in Contempt cases.
7.5 Safeguards available in contempt cases.
8. Relationship between an Advocate and his client.
8.1 Code of conduct.
8.2 Lawyers-client Relationship.
8.3 Do's and Don't for advocate towards client.
9. Accountability of lawyers.
10. Professional Ethics and Advocates Duties to colleagues and others
10.1 Advocates duty to colleagues.
10.2 Advocates duty to opponents.
10.3 Advocates duty towards witnesses.
10.4 Advocates duty to public.
11.3 Illustrations of other misconduct.
11.4 Disciplinary committee's approach in case of professional
or other Misconduct.
12. Authorities and Procedures to deal with professional
misconduct and remedies against their order.
12.1 State Bar Council and its disciplinary committee.
12.2 The Bar Council of India and its disciplinary committee.
12.3 Remedies against the order of punishment.
12.4 Quantum of punishment.
Leading Cases
©MGSU Bikaner
1. In Re Vinay Chandra Mishra.
2. Hikmat Ali Khan v/s Ishwar Prasad Arya & others 1997,3SCC 1608
3. P.D. Gupta V/s Ram Murti and another. 7 S.C.C. 147 AIR 1998 S.C.283.
4. D.S. Dalal V/s State Bank of India and others. AIR 1993 S.C. 1608.
5. Delhi Judicial Services Association, Tis Hazari Court V/s State of Gujrat, AIR 1991
S.C. 2176.
Select Bibliography
1. The Bar Council Code of Ethics.
2. The contempt of Court Act.
3. Dr.Anirudh Prasad, Principles of the Ethics of Legal Profession in India.
4. Mamta Rao, Professional Ethics.
5. Raju Ramachandran, Professional Ethics : Changing profession,
changing ethics, Butter worths, New Delhi.
6. Dr. Murlidhar Chaturvedi- Proffessional Ethics, Accountabiligy of Lawyers and
bench (Hindi)
Practical Exam:
The candidate shall be required to submit in writing the facts,arguments and the principles
of law laid down in any two important decisions of the Supreme Court and disciplinary
committee of Bar Council of India. The division of marks will be as under :
(1) Record submitted by the student 10 marks
(2) Viva-voce 10 marks
The Viva-voce examination shall be conducted by a committee of 2 persons. In this
committe there shall be one internal and one external examiner.
©MGSU Bikaner
q
LL.B. SECOND YEAR EXAMINATION
PAPER - 2.1 JURISPRUDENCE
Max. Marks: 100 Min. Pass Marks: 36
Note: The questions paper shall contain 10 questions in all. Candidate is required to attempt
100 words.
Syllabus
1.1 Introduction: Meaning, definition, nature, scope and importance of Jurisprudence.
1.2 Norms and the normative system.
1.2.1 Different types of normative systems, such as of games, language,
religious orders, unions, clubs and customary practice.
1.2.2 Legal systems as a normative order: similarities and difference of the legal
system with other normative systems.
1.3 Law: Nature and definition given by different jurists.
2 Schools of Jurisprudence:
2.1 Analytical positivism
2.2 Natural Law School
2.3 Historical School
2.4 Sociological School
2.5 Economic Interpretation of Law
2.6 Realist School.
©MGSU Bikaner
2.7 The Indian Jurisprudence: Origin and its nature, The concept of 'Dharma'
3. Purpose of Law: Justice, meaning and kinds, Justice and law: Approaches of different
schools; Power of the Supreme Court of India to render complete Justice in a case
with special reference to Article 142. Critical studies, Feminist Jurisprudence.
4. Sources of Law, Customs, legislations, judicial precedent and Juristic writings as a
source of law. Concept of Stare decisis, obiter dicta and Ratio decedendi.
5. Concept of legal rights, its kinds and right-duty corelation.
6. Persons: Nature of personality, status of the unborn, minor, lunatic, drunken, dead
person, idol and mosque; corporate personality- Corporate sole and corporate
aggregate; dimensions of the modern legal personality of non-human beings.
7. Possession: Concept and kinds of possession.
8. Ownership: The concept, kinds. Relation between possession and ownership.
9. Title
10. Property: Concept and kinds of property.
11. Liability: Conditions required for imposing liability, wrongful act-damnum sine
injuria and injuria sine damnum. Causation, mensrea, intention, motive. Malice,
negligence and recklessness. Strict and vicarious liability.
12. Obligation- nature, kinds and sources of obligation.
13. Procedure: difference between substantive and procedural laws. Evidence-nature and
kinds.
Leading Cases
1. Keshavanand Bharti Vs State of Kerala, AIR 1973 SC 1461 (Per Mathew J.) - Paras
1617-1620 (Sovereignty) 1685-1698 (Natural Law and Natural rights) 1726-1729
©MGSU Bikaner
(Roscoe pound and Sociological Jurisprudence) 1738-1751 (Property rights and
Social Justice).
2. A.K. Gopalan Vs State of Madras, AIR 1950 SC 27 (S.970 paras 18, 19 Per Kania
C.J.) Paras 107-109 (Per Patanjali Shastri) Para 192 (Per Mukherji J.) Paras 228 (Per
Das J. Natural Law and Positive Law)
3. Maharaja Shree Ummed Mills Ltd Vs Union of India, AIR 1963 SC 953 Paras 12, 13,
14 (Per SK. Das J.) Concept of Law; Legislative agreements)
4. Jaipur Udyog Ltd Vs Income Tax Commissioner, AIR 1965 Raj 162 Paras 12, 13, 14
(Per Tyagi J.) (Sovereignty, Separation of powers and functions).
5. Shrimati Indira Nehru Gandhi Vs Raj Narayan, AIR 1975 SC 2299 Paras 219 and 299
(Per Mathew J.) (generally as a property of law.)
6. In Re Article 143 (Keshav Singh) AIR 1965 SC 745 paras 9-17 (Per sarkar J. Law
making by judicial and legislative comity).
7. Bengal Immunity Co. Vs State of Bihar, AIR 1955 SC 661 (Precedent)
8. Trilokchand Motichand V. H.B Munshi AIR 1970 SC 898 (Para 4 to 11, per
Hidayatulla CJ.) Para 36 per Bhachawat J.; Para 59-63 per hegde J.). These excerpt
illustrate problems and uses of Hohfeld analysis.
9. Menka Gandhi Vs Union of India, AIR 1978 SC 597
Bibliography
1. Salmond: Jurisprudence
2. Dias: Jurisprudence
3. Wayne Morrison: Jurisprudence
4. Julius stone: The province and function of Law
©MGSU Bikaner
5. Holland: Jurisprudence
6. S.N. Dhyani: Jurisprudence- A study of Indian Legal Theory
7. N.V. Paranjape: Vidhi Shastra
8. V.D. Mahajan, Jurisprudence and Legal theory
9. Bodenheimer Jurisprudence- The Philosophy and method of law.
10. Mulla- Hindu Law
11. Mani Tripati- Jurisprudence (Hindi)
PAPER - 2.2 LAW OF CRIMES
Note: The questions paper shall contain 10 questions in all. Candidate
is required to attempt 5 questions. Each question is divided into two parts - Part A and Part
B having 16 and 4 marks respectively. Candidate has to answer part A in about 5 pages
and Part B in about 100 words.
Syllabus
1. General Introduction- Concept of crime: Its definition, nature and scope. Distinction
between crime and other wrongs. Applicability of IPC: Intra and Extra territorial
operation. Salient features of the IPC, general explanations.
2. Elements of criminal liability: Mental elements in crime- mensrea (evil intention), its
importance and exceptions. (Trends to fix liability without mensrea). State's power to
determine acts or omissions as crime.
3. Types of Punishment- Death punishment, its impacts and social relevance. Alternative
to capital punishment; imprisonment for life with hard labour, simple imprisonment;
©MGSU Bikaner
Forfeiture of property and fine. Discretion of Court in awarding punishment.
Minimum punishment in respect of certain offences.
4. Group Liability: Common intention, unlawful assembly and common object.
Abetment: instigation, aiding and conspiracy. Mere act of abetment punishable.
Provisions relating to criminal conspiracy. Riot and affray.
5. General Exceptions: Factors negativing guilty intention: Mistake of fact not of law;
judicial act, accident, necessity, minority and insanity; (Impairment of cognitive
faculties, emotional imbalance) medical and legal insanity; Intoxication. Private
defence- justification and limits when private defence extends to causing of death to
protect body and property.
6. Offences against the state-waging war against the state and sedition.
7. Offences against public servant and public justice, Contempt of lawful authority of
public servants; giving and fabricating false evidence and aggravated form of the
crime.
8. Specific offences against Human body:-
(i) Culpable homicide, murder, distinction between culpable
homicide and murder. Situation justifying treating murder as culpable homicide
not amounting to murder-grave and sudden provocation, exceeding right of
private defence, public servant exceeding legitimate use of force, death in
sudden fight, death caused by consent of the deceased- euthanasia and surgical
operation. Death caused of person other than the person intended. Rash and
negligent act causing death.
(ii) Hurt- simple and grievous
©MGSU Bikaner
(iii) Wrongful restraint and wrongful confinement
(iv) Criminal force and assault
(v) Kidnapping and abduction.
9. Offences against women:-
(i) Insulting the modesty of a woman, assault or criminal force
with intent to outrage the modesty of a woman.
(ii) Miscarriage: Causing miscarriage without women's consent and causing death
by miscarriage without women's consent.
(iii) Kidnapping or abducting woman to compel her to marry or force her to illicit
intercourse.
(iv) Buying or selling a minor for purposes of prostitution.
(v) Rape- custodial rape, gang rape, marital rape, unlawful sexual intercourse.
(vi) Prevention of immoral traffic and prevention of sati
(vii) Cruelty by husband or his relative
(viii) Dowry death
(ix) Prohibition of indecent representation of women
10. Offences against property- theft, extortion, robbery, dacoity, criminal
misappropriation of property, criminal breach of trust, cheating, mischief and criminal
trespass
11 Offences relating to documents: Forgery or making a forged document
12 Offences relating to marriage: Bigamy, marriage or fraudulently gone through without
lawful marriage, adultery, enticing or deceiting a married woman.
13 Defamation: definition and exceptions
©MGSU Bikaner
14 Stages of a crime- mere intention not punishable, preparation, attempt- tests for
determining what constitutes attempt- proximity, equivocality and social danger,
impossible attempts.
15 Protection of Women from Domestic Violence Act, 2005- Definitions, Power and
duties of protection of officers and service providers, Application to Magistrate,
Protection orders, Residence orders, Custody orders, Compensation orders and
Monetary reliefs, Penalty for breach of protection orders by respondent.
Leading cases:
1 Reg Vs Govinda IR 1876 1 BOM 342.
2 Kedarnath Vs State of Bihar AIR 1962 SC 955
3 T.D. Vadgama Vs State of Gujrat AIR 1973 SC 2313
4 Veliji Ragahvji Vs State of Maharashtra AIR 1965 SC 1433
5 K.N. Nanavati Vs State of Maharashtra AIR 1962 SC 605
Select Bibliography
1 Dr. Hari Singh Gour- Penal law of India
2 Rattan Lal and Dhirajlal: The Indian Penal Code
3 P.S. Achuthan Pillai: Criminal law
4 B.M. Gandhi: Indian Penal Code
5 Prof. K.S.N. Murty & KVS Sarve: Criminal Law
6 T. Bhattacharya: Bhartiya Dand Sanhita
PAPER - 2.3 PROPERTY LAW INCLUDING
TRANSFER OF PROPERTY ACT
©MGSU Bikaner
AND EASEMENT ACT
about 100 words.
Syllabus
1. Jurisprudential control of property:- Concept, meaning and kinds of property:
Movable and immovable, tangible and intangible property. Intellectual property:
copyright, patents, designs and trademarks.
2. Law relating to transfer of property:- Transfer of Property Act 1882- general
principles of transfer of property, specific transfer, sale, mortgage, charge, lease, ex-
change, gift and actionable claims.
3. Easements: Indian Easements Act, 1882- Nature, characteristics, creation and
extinction of easements. Riparian rights and licenses.
Leading cases:
1 Smt. Shanta Bai Vs State of Bombay & Others, AIR 1958 SC 532
2 Rajender Vs Santa Singh, AIR 1973 SC 2537
3 Kreglinger Vs New Patagonia Meat and Cold Storage Comp. Ltd (1914) AC 25
4 Union of India Vs Sharda Mills Ltd, AIR 1973 SC 281
5 Nathu Lal Vs Phool Chand, AIR 1970 SC 546
6 Jumma Masjid Vs Deviah AIR 1962 SC 847
Select Bibliography
©MGSU Bikaner
1 Mulla: Transfer of Property Act
2 S. Shah: Lectures on Transfer of Property
3 Vepa P Sarathi: Law of Transfer of Property
4 I.C. Saxena: Transfer of Property
5 B.B. Mitra: Transfer of Property
6 S.R. Bhansali and Sharma: Sampathi Antaran Adhiniyam
7 J.N. Kulshrestha: Sampathi Antaran Adhiniyam
8 S.N. Shukla: Sampathi Antaran Adhiniyam
9 G.P. Tripathi: Sampathi Antaran Adhiniyam
10 Dr. R.R. Gupta: Sampathi Antaran Adhiniyam and Sukhadhikar
PAPER - 2.4 COMPANY LAW
about 100 words.
Syllabus
1. General Introduction:- Theories of corporate personality, creation and extinction of
corporations. Corporations, partnerships and other associations of persons, state
corporations, government companies, small scale; cooperative, corporate and joint
sectors. Holding and subsidiary companies. Public and private company.
2. Law relating to Public and Private Companies: Companies Act 1956 (as amended
2013 )
©MGSU Bikaner
(i) Need of company for development, formation, registration and incorporation of
a company.
(ii) Memorandum of association- various clauses, alteration there in- doctrine of
ultra vires
(iii) Articles of association- binding force- alteration- its relation with memorandum
of association-doctrine of constructive notice and indoor management and
exceptions. Promoters-position-duties and liabilities.
(iv) Prospectus- issue, contents, liability for misstatements, statement in lieu of
prospectus
(v) Shares- general principles of allotment, statutory restrictions, share certificate-
its objects and effects, transfer of shares, procedure for transfer, issue of shares
at premium and discount, depository receipts-dematerialized shares (DEMAT).
Calls on shares, forfeiture and surrender of shares; lien on shares
(vi) Share capital- kinds, alteration and reduction of share capital, further issue of
capital, conversion of loans and debentures into capital.
(vii) Borrowing powers- charges, mortgages, contract by companies, debenture-
meaning, kinds and remedies available to debenture holders.
(viii) Directors- position, appointment, qualification, vacation of office, removal,
resignation, powers and duties of directors. Managing directors and other
managerial personnel.
(ix) Meetings- kinds, procedure and voting.
(x) Audit and accounts.
(xi) Dividends- payment, capitalization and profit.
©MGSU Bikaner
(xii) Protection of minority rights.
(xiii) Protection of oppression and mismanagement- who can apply? Powers of the
court, company and the central government. Investigation of company affairs
(xiv) Reconstruction and amalgamation of company.
(xv) Winding up-types: By court-grounds-who can apply? Procedure-powers of
liquidator-powers of court, consequences of winding up. Voluntary winding up
by members and creditors, winding up subject to supervision of courts, payment
of liabilities, winding up of unregistered company.
3. Law and multinational companies-
(i) International norms for control
(ii) Foreign exchange management Act, 1999- Joint ventures investment in India,
repatriation of project.
(iii) Collaboration agreements for technology transfer.
4. Corporate liability:
(i) Legal liability of companies- civil and criminal
(ii) Remedies against them civil, criminal and tortious- specific relief Act, writs.
Leading Cases
1 Aron Soloman Vs Soloman and Co. (1897) AC 22
2 Royal British Bank Vs Turkund (1856) 119 ER 886
3 Bell House Ltd Vs City Wall Properties Ltd (1966) SC 2 QB 656
4 Bajaj Auto Ltd Vs N.K. Farodia & Others, AIR 1971 SC 321
5 Tata Engg and Locomative Co Ltd Vs State of Bihar AIR 1965 SC 40
6 Seth Mohan Lal Vs Grain Chambers Ltd AIR 1968 SC 772
©MGSU Bikaner
7 Vasudev Ram Chandra Shelat Vs Pranlal Jaya Nand Thakur
AIR 1974 SC 1728
8 Shanti Prasad Jain Vs Kalinga Tubes Ltd AIR 1965 SC 1535
Select Bibliography
1 Atiya: The companies act, 1956
2 Avtar Singh: Company law (English and Hindi)
3 L.C.B. Gower: Principles of Modern Company Law
4 A. Ramaiya: Guide to the Companies Act
5 R.R. Pennigton: Company Law
6 S.M. Shah: Lectures on Company Law
7 N.V. Paranjape- Company Law (amended upto date)
PAPER - 2.5 PUBLIC INTERNATIONAL LAW
AND HUMAN RIGHTS
Note: The questions paper shall contain 10 questions in all. Candidate is required
to attempt 5 questions. Each question is divided into two parts - Part A and Part B having
16 and 4 marks respectively. Candidate has to answer part A in about 5 pages and Part B in
about 100 words.
Syllabus
1. Introduction to international law- historical development, definition, nature, basis,
sources, schools, relationship between international law and municipal law
©MGSU Bikaner
2. The law of peace- place of individual in international law, nature of state, state
responsibilities, recognition, intervention, state succession, state jurisdiction, state
territory, the law of the sea, piracy, air law, outer space, nationality, extradition,
asylum, international criminal court, disarmament.
3 International transactions- diplomatic agents, treaties.
4 International organizations- definitions, functions and evolution of international
organization, the league of nations, the United nations- the general assembly, the
security council, the international court of justice, secretariat.
5 The laws of war- settlement of international disputes, war- legal character and effects,
enemy character, belligerent occupations, war crimes, genocide.
6 The law of neutrality- neutrality, blockade, contraband and doctrine of continuous
voyage, right of angry, prize court.
7 New international economic order- international economic co operation, economic
development and environment, the role of some specialized agencies- ILO, WHO,
UNESCO, World Bank, IMF, WTO
8 Human Rights- historical development of the concept of human rights, human rights
in Indian and western traditions, concept of natural law, human rights in legal
tradition-international law and national law.
9 Protection of human rights- universal protection of human rights, regional protection
of human rights, national protection of human rights- under Indian laws.
Leading Cases:-
1 United Kingdom Vs Norway (Anglo Norwegian fisheries case)
ICJ Report 1951 p. 116
©MGSU Bikaner
2 The Nuremberg judgment, International Military Tribunal,
Nuremberg 1946 AJIL Vol. 41, 1947 p. 172
3 In Re Government of India and Mubarak Ali Ahmad 1952 1 II Er 2060
4 Khutch Tribunal award case- foreign affairs report volume XVII March 68.
5 Right to passage over Indian territory case ICJ Report 1957 p. 125
Select Bibliography-
1 Stark- An introduction to International Law
2 Oppenheim- International Law Vol. I and II
3 Antonio Cassese- International Law
4 Breirly- The Law of Nations
5 Nartin Dixon- Textbook on International Law
6 Dr. H.O. Agarwal- International Law and Human Rights
7 S.K. Kapoor- International Law, Human Rights (English and Hindi)
PAPER - 2.6 LABOUR LAWS
about 100 words.
Syllabus
1. Historical perspective of labour: Labour during feudal days, colonial labour laws.
Labour capital conflicts: exploitation of labour, profit motive, poor bargaining
©MGSU Bikaner
capacity, poor working conditions, unorganized labour, bonded labour, surplus
labour, division of labour and super specialization. Theories of labour and surplus
value.
2. Trade Unionism:
(i) The history of trade union movement in India, Right to trade union as part of
human right, freedom of association- international norms and the Indian
constitution
(ii) The Trade Union Act, 1926: definitions, registration of trade union, functions of
registrar, cancellation of registration and incorporation of registered trade
unions. Funds- political and general, rights and liabilities of registered trade
union, immunities, office bearers, change of name, amalgamation and
dissolution of trade union, penalties.
3 State regulation of industrial relations-
(i) General- Theoretical foundations: Social justice, labour welfare, public interest,
productivity, industrial peace and development.
(ii) The Industrial Dispute Act, 1947: Scope and objects, definitions, assistance to bi
partite settlement- works committee, conciliation officer, authorities for solving
disputes, reference power, lay off, strike, lock out, retrenchment, closure,
transfer of undertakings, penalties and unfair labour practices.
4 Remuneration for labour- Theories of wages, concept of wages, components of
wages, disparity in wages. The Minimum Wages Act, 1948: objects, definitions,
fixation of minimum rates of wages, inspectors, payment of minimum rates of wages,
overtime claims.
©MGSU Bikaner
5 Health, safety and labour welfare provisions : Factories Act, 1948- Definitions,
inspectors, provisions regarding health, safety, welfare and provisions relating to
employment of young persons, annual leave with wages and penalties.
6 Protection of the Weaker Sections of Labour- Tribal labour: need for regulation,
unorganized labour like domestic servants- problems and perspectives, bonded labour,
contract labour. Child Labour Prohibition Act, 1986
Leading Cases:-
1 Workmen of Indian Standard Institutions V. Indian Standard Institution AIR 1976 SC
145.
2 Burmah Shell Co Vs Burmah Shell Management Staff Association
1970 I FLL J. 590 SC, AIR 1971 SC 922.
3 Workmen of firestone Tyre and Rubber Co. Ltd. Vs. The Management of Firestone
Tyre and Rubber Co. Ltd. AIR 1972 SC 1227.
4 Delhi Cloth and General Mills Co Ltd Vs Ludh Budh Singh AIR 1972 SC 1031
5 Jay Engineering Works Vs State of West Bengal, AIR 1990 Cal 406
6 Bidi Leaves and Tobacco Merchants Association India and other
Vs State of Bombay AIR 1962 SC 486
7 Bangalore Water Suppy Vs A. Rajappa AIR 1978 SC 548
8 Express Newspapers Ltd Vs Union of India AIR 1958 SC 578
1 O.P. Malhotra: Law of Industrial Disputes
2 S.C. Srivastava: Social Security and labour laws
3 V.V. Giri: Labour problems in Indian industry
©MGSU Bikaner
4 R.C. Saxena: Labour problems and social welfare
5 S.N. Mishra: Labour and Industrial Laws
6 Anil Sachdeva: Industrial and Labour Laws
7 K.N. Pillai: Labour and Industrial Laws
8 Ganga Sahai Sharma: Shram Vidhi
9 N.D. Sharma : Shram Vidhi
10 Gopi Krishan Arora : Shram Vidhi
PAPER - 2.7 ADMINISTRATIVE LAW
100 words.
Syllabus
1. Evolution, nature and scope of Administrative Law- from a laissez faire to a social
welfare state, evolution of administration as the fourth branch of government,
conseil'detate, definition and scope of Administrative Law, relationship between
Constitutional Law and Administrative Law, separation of powers and rule of law
2. Civil services in India- Nature and organization of civil services: from colonial relics
to democratic aspiration, powers and functions, accountability and responsiveness:
problems and perspective, administrative deviance-corruption, nepotism and mal-
administration
©MGSU Bikaner
3 Legislative powers of administration- Necessity for delegation of legislative power,
constitutionality of delegated legislation- powers of exclusion, inclusion and power to
modify statute, requirement for the validity of delegated legislation. Legislative and
judicial control of delegated legislation, sub-delegation of legislative powers,
publications of delegated legislation, administrative directions, circulars and policy
statements.
4 Judicial powers of administration-
(i) Need for devolution of adjudicatory authority on administration. Administrative
tribunals-need, nature, constitution, jurisdiction and procedure. Distinction
between quasi-judicial and administrative functions.
(ii) Principles of natural justice- the right to hearing- essential of hearing process, no
man shall be judge in his own cause, no man shall be condemned unheard,
reasoned decisions, the right to counsel.
5 Judicial control of administrative action: grounds-jurisdictional error, ultravires, abuse
and non exercise of jurisdiction, error apparent on the face of record, violation of
principles of natural justice, violation of public policy, unreasonableness and
legitimate expectation. Remedies in judicial review, writs, declaratory judgments and
injunctions, specific performance and civil suits for compensation.
6 Administrative discretion- Need for administrative discretion, administrative
discretion and rule of law, limitations on exercise of discretion-malafide exercise of
discretion, constitutional imperative and use of discretionary authority.
7 Contractual and tortious liability of state: Tortious liability, sovereign and non
sovereign functions, statutory immunity, act of state, contractual liability of
©MGSU Bikaner
government, government privilege in legal proceedings-state secrets, public interest,
transparency and right to information.
8 Corporation and Public undertakings:- State monopoly, liability of public and private
corporations- departmental undertakings, legislative and governmental control, legal
remedies, accountability- committee on public undertakings, estimate committee.
9 Public inquiries and commission inquiry, ombudsman: lokpal, lokayukta, vigilance
commission, parliamentary committees.
10 Right to Information Act, 2005
Leading cases:
1 A.K. Kraipak Vs Union of India AIR 1970 SC 150
2 In re Delhi Laws Act, AIR 1951 SC 332
3 Raj Narayan V/s. Chairman, Patna Administration Committee, Patna AIR 1954
SC 569
4 Syed Yaqoob vs Radha Krishnan AIR 1964 SC 477
5 Rohtash industries Pvt Ltd Vs S.D. Agarwal AIR 1969 SC 707
6 State of Karnataka Vs Union of India AIR 1978 SC 68
Select Bibliography :-
1 M.C.J kagzi- The Indian Administrative Law
2 I.P. Massey: Administrative Law
3 D.D. Basu: Administrative Law
4 M.A. Fazal: Judicial control of Administrative action in India, Pakistan and
Bangladesh
5 Wade: Administrative Law
©MGSU Bikaner
6 S.P. Sathe: Administrative Law
7 U.P.D. Kesari: Prashasnic Vidhi
8 Jain and Jain- Principles of Administrative Law
9 J.J.R. Upadhayay- Prashasnic Vidhi
PAPER - 2.8 (A) TAXATION LAWS
about 100 words.
Syllabus
1. General perspective- History of tax law in India, fundamental principles relating to
tax laws, concept of tax, nature and characteristics of taxes, distinction between tax
and fees, tax and Access, direct and indirect taxes, tax evasion and tax avoidance,
scope of taxing powers of parliament, state legislature and local bodies.
2. Income Tax Act, 1961 (amended upto date): Basic concepts income, agricultural
income, total income, assessee, and person. Chargeable income- heads of income,
salaries, income from house property, income from business or profession, capital
gains, income from other sources, deductions, relief and exemptions. Rate of income
tax, Income tax authorities-powers and functions, offences and penal sanctions.
3 Central Sales Tax Act, 1954 (amended upto date) and Rajasthan VAT . Meaning and
importance of service tax, salient provisions of the VAT.and its Implications .
©MGSU Bikaner
Leading Cases:
1 P. Krishana Menon Vs CIT, AIR 1956 SC 75
2 CIT West Bengal Vs Benoy Kumar Saha Roya, AIR 1957 SC 761
3 Mala Ram & Sons Vs CIT AIR 1956 SC 367
4 Pingle Industries Ltd Vs CIT AIR 1960 SC 1934
5 Banaras Cloth Dealers Syndicate V. Benaras 1964 ITR 50
6 CIT Vs Kothari (1963) 40 IITR 107 (SC)
Select Bibliography
1 Ramesh Sharma, Supreme Court on Direct taxes
2 Kanga and Palkiwala, The Law and practice of Income Tax
3 R.V. Patel, The Central Sales Tax Act
4 S.D. Singh, Principles of Law of Sales Tax
5 H.C. Malhotra, Aykar Vidhan Lekha
6 Bhagwati Prasad, Aykar Vidhi
7 S. Bhattacharya : Indian Income Tax Law and Practice.
8 A.K. Saxena : Law on Income tax in India.
9 Nathulal Jain : Ayakar Vidhi.
10 Kailash Rai : Ayakar Vidhi.
PAPER - 2.8 (B) INSURANCE LAW
©MGSU Bikaner
about 100 words.
Syllabus
1. Introduction- definition, nature and history of insurance, concept of insurance and law
of contract and law of torts, future of insurance in globalize economy, history and
development of insurance in India, insurance regulatory authority- role and functions.
2. General principles of law of insurance- Contract of insurance- classifications of
contract of insurance, nature of various insurance contracts and parties thereto
principle of good faith, insurable interest, the risk, the policy-classification of
policies- its forms and contents, its commencements, duration, cancellation,
alteration, rectification, renewal, conditions of the policy.
3 Life Insurance: Nature and scope of life insurance, definition, kinds of life insurance,
the policy and formation of a life insurance contract, event insured against life
insurance contract, circumstances affecting the risk, amount recoverable under life
policy, persons entitled to payment and settlement of claims.
4 Marine Insurance: (The Marine Insurance Act, 1963) Nature, scope, classification of
marine policies, insurable interest, insurable value, conditions of policy. Voyage-
deviations, perils of the sea, partial loss of ship and of freight, salvage, general
average, particular charges, measure of indemnity, total valuation, liability to third
parties.
5 Insurance against third party risks: The Motor Vehicle Act 1988-chapter VIII-
definitions, abuse, drives and motor vehicles, requirements of policy, statutory
contract between insurer and drive rights of third parties, limitation of third party's
©MGSU Bikaner
rights, duty to inform third party, claims tribunal- constitution, functions, applications
for compensation-who can apply? Procedure and powers of claims tribunal- its award.
6 Social insurance in India: important elements in social insurance, its needs,
commercial insurance and social insurance. Sickness insurance, Adarkar Scheme,
Stack and Rao scheme for wage earners and others risks covered, maturity and other
benefits. Old age, premature death and invalidity insurance or pension insurance,
public provident fund, unemployment insurance, social insurance for agricultural and
un-organized labourers.
7 Public liability insurance: the scheme and authorities
8 Fire insurance: nature of fire insurance contract, non-disclosure and
misrepresentation, standard fire policy, proximate cause, claims.
Leading cases:
1 Glickman Vs Lancashire and General Assurance Co. (1925) 2 KB 593
2 Johnson Vs Marshall (1906) AC 409
3 Digby Vs General Accident Fire and Life Insurance Co. Ltd. (1943) AC 121
4 Minu B. Mehta Vs Balakrishna AIR 1977 SC 1248
5 Prudential Insurance Co. Vs Inland Revenue Commissioner (1904) 2 KB 658.
Select Bibliography
1 Singh, B Anand, New Insurance Law
2 Sreenivasan, M.N.- Principles of Insurance Law
3 Banerjee, Law of Insurance
4 Mitra, B.C., Law relating to Marine Insurance
5 Srivastava, Blachand: Elements of Insurance
©MGSU Bikaner
6 Dravid and Joshi: Bima Siddhant evam Vyavahar.
PAPER - 2.8 (C) BANKING LAW INCLUDING NEGOTIABLE INSTRUMENT
ACT, 1881
100 words.
Syllabus
1. Introduction
1.1 Banking: definition-common law and statutory law
1.2 Commercial Banks: functions
1.2.1 Agency services
1.2.2 General utility services
1.2.3 International trading service
1.2.4 Information services
1.3 Systems of banking: unit banking, branch banking, group banking
and chain banking
1.3.1 Banking companies in India
2. Banks and Customers
2.1 Customer: meaning
2.2 Banker and customer relationship
©MGSU Bikaner
2.3 Rights and obligations of banks- Right of set off, banker's lien, right to charge interest
and commission, obligation to honour customer's cheques.
2.4 Duty- Duty of confidentiality, nature and justification of the duty, exceptions
2.5 Accounts of Customers- Current accounts, deposit accounts, joint accounts, trust
accounts.
3. Control over Banks
3.1 Control by Government and its agencies
3.1.1 Need for elimination of systematic risk, avoidance money Laundering,
consumer protection, promotion of fair competition.
3.1.2 Account, audit, money lending, re-organization and reconstruction,
supervision and winding up.
3.2 Control by ombudsman
3.3 Reserve Bank of India (RBI) Act, 1934: definition, functions and powers, supervision
and control over the other banks, control over non-banking financial institutions,
capital management and business, determination of bank rate policy.
4. Lending by Banks
4.1 Principles of good lending
4.2 Securities for bank advances- pledge, mortgage, charge, goods or documents of title
to goods, life insurance policies as securities, debentures as security, guarantee as
security. Contract of guarantee and contract of indemnity.
4.3 Repayment, interest: rule against penalties.
4.4 Default and recovery- debt recovery tribunals- constitution and functioning.
5. Letter of Credit and Demand guarantee
©MGSU Bikaner
5.1 Letter of credit
5.1.1 Basic features
5.1.2 Parties to a letter of credit
5.1.3 Fundamental principles
5.2 Demand guarantee- legal character, distinction between irrevocable letter of credit
and demand guarantees
6. Law relating to negotiable instruments: (Negotiable Instruments Act, 1881)
6.1 Negotiable instruments- kinds
6.2 Holder and holder in due course
6.3 Parties, negotiation, presentiment
6.4 Discharge from liability
6.5 Dishonour- civil and criminal liability
6.6 Duty to honour customer's cheques- conditions, exceptions to the duty to honour
cheques
6.7 Money paid by mistake
6.8 The collecting banker- liability for conversion, duties, good faith and statutory
protection to the collecting banker.
Leading Cases:
1 A.B. Miller Vs National Bank of India ILR 19 Cal 146
2 National Insurance Co. Ltd Vs Seema Malhotra (2001) ILRI 543
3 Radha Kisan Vs Hira Lal AIR (1919) Nag 39
4 Maneckji Pestonji Bharucha Vs Wadilal Sarabhai AIR 1926 PC 38
5 Nawab Major Sir Mohammad Akbar Khan Vs Attar Singh AIR 1936 PC 171
©MGSU Bikaner
1 S.N. Gupta, The Banking Law in theory and practices.
2 S.N. Gupta, Banks and the consumer protection law.
3 Mukherjee, T.K.- Banking Law and Practice.
4 Shekhar K.C- Banking theory and practice.
5 Kailash Rai- Negotiable Instrument Act.
6 Sharma and Sharma- Banking Vidhi.
7 Mangilal Sharma: Banking Vidhi Evam Vyavhar
PRACTICAL PAPER
PAPER - 2.9 PUBLIC INTEREST LAWYERING;
LEGAL AID AND PARA LEGAL SERVICES
Syllabus
The paper shall consist of following two parts:
A. WRITTEN PAPER
Note: The question paper shall contain 8 questions in all. Candidate is required to attempt 4
questions. Each question is divided into 2 parts- Part-A and Part-B having 16 and 4 marks
respectively. Candidate has to answer Part-A in about 5 pages and Part-B in about 100
words.
B. PRACTICAL PAPER
Max. Marks: 20 Marks Min. Pass Marks: 7
©MGSU Bikaner
The practical exam shall be conducted by a committee of 2 examiners. In this committee
there shall be one internal examiner and one external examiner.
A. Written Paper
1 Introduction
1.1 PIL- its origin and meaning
1.2 Scope and nature of PIL
1.3 Object of PIL
1.4 PIL and Private Interest Litigation
2. Locus Standi
2.1 Principle of locus standi- traditional approach
2.2 Liberal approach
2.3 Guidelines for entertaining a PIL
2.4 Petition by public spirited person or association
2.5 Misuse of PIL
3. PIL and enforcement of Fundamental Rights
3.1 General
3.2 Compensation for breach of fundamental rights
3.2.1 Compensation for illegal detention
3.2.2 Compensation to victim of police atrocities.
3.3 PIL as a redress to custodial violence cases.
4. PIL and Environmental Law
4.1 Pollution- a curse to mankind.
4.1.1 Pollution free environment as a fundamental right.
©MGSU Bikaner
4.1.2 Enforcement of environmental laws through filing PIL.
5. PIL for the enforcement of the rights of weaker sections of the society
5.1 For the enforcement of the rights of women.
5.2 For the enforcement of the rights of children.
5.3 For the enforcement of the rights of bonded labour.
6. Legal Aid:
6.1 Constitutional provisions
6.2 Provision of civil procedure code and code of criminal procedure regarding legal aid
6.3 The Legal Services Authorities Act and legal aid.
7. The Legal Services Authorities Act, 1987 (as amended by the Act of 2002)
7.1 The national legal services authority- constitution and functions
7.2 State legal services authority- constitution and functions
7.3 District legal services authority, Taluk legal services committee- constitution and
functions
7.4 Lok Adalat- organization, cognizances of cases, award and powers.
7.5 Pre litigation, conciliation and settlement
7.5.1 Permanent lok adalat- establishment, cognizance of cases, procedure and
award
7.5.2 The Rajasthan State Legal Services Authority Regulations,1999- Legal
literacy, legal awareness committee: Constitution and functions of High Court
and District Legal awareness committee
7.5.3 Organization of legal awareness camps by law schools
7.5.4 Role of voluntary organizations
©MGSU Bikaner
8 Drafting of PIL petitions and writing of applications for legal aid
Leading Cases:
1 Bandhua Mukti Morcha Vs Union of India AIR 1984 SC 802, (1984) 3 SCC 161
2 Olga Tellis v Bombay Municipal Corporation (1985) 3 SCC 545, AIR 1986 SC 180
3 Sukdas v. Union Territory of Arunachal Pradesh (1986) 2 SCC 401, AIR 1986
SC 991
4 Sheela Barse Vs State of Maharashtra AIR 1983 SC 378
Select Bibliography
1 Dr. S.R. Myneni- Public Interest lawyering legal aid and para legal services
2 Sujan Singh- Legal aid-human right to equality
3 S.S. Sharma- legal assistance to Poor
4 P.N. Bhagwati- legal aid as human right
5 P.N. Bajpayee- Legal aid and the Bar council
6 Sunil Deshtra- lok adalats in India- genesis and functioning
7 Sampat Jain- Public Interst Litigation
8 Dr. Kailash Rai- Janhit Vakalat, vidhik sahyog evam ardh vidhik sevayen.
9 Suresh Bhatia- Nirdhan Vidhik Shayta, Rajasthan Hindi Granth Academy
10 P.M. Bakshi- Public Interest Litigation
B. PRACTICAL PAPER
The candidate shall be required to attend at least two legal aid camps organized by the
college. The candidate shall also be required to present a report regarding the problem
along with his suggestions.
(1) Attendance at the legal aid camp and
©MGSU Bikaner
submission of report- 10 Marks
(2) Viva voce- 10 Marks
The Viva-voce examination shall be conducted by a committee of 2 persons. In this
committee there shall be one internal examiner and one external examiner.
LL.B. THIRD YEAR EXAMINATION
3.1 LAW OF EVIDENCE
about 100 words.
1. Preliminary : Application of Indian Evidence Act. Definitions: Court, fact-fact in
issue and relevant fact, evidence - meaning and its kinds, proved, disproved, not
proved, may presume, shall presume and conclusive proof, Presumptions of fact and
law, presumptions regarding documents. Relevancy of facts : Explaining Res-gestae,
occasion, cause, effect; motive, intention, preparation, previous and subsequent
conduct, introductory and explanatory facts, facts not relevant when become
relevant, accidental and incidental facts. Facts which need not be proved, improper
admission and rejection of facts.
2. Admission and Confession.
(a) Admission : Definition, whose admission is relevant, relevancy of admission in
civil cases, admission is not conclusive proof . Admission and Estoppel.
©MGSU Bikaner
(b) Confession : definition, its kinds, confession caused by inducement, threat or
promise, confession to police officer, confession in the custody of police,
confession to Magistrate, confession by co-accused.
(c) Difference between admission and confession, Relevancy of statements.
(d) Dying Declarations - The justification for relevance on dying declarations
(Section 32), The judicial standards for appreciation of evidentiary value of
dying declarations.
(e) Other Statement by Persons who cannot be called as Witnesses - General
Principles, Special problems concerning violation of women's rights in marriage
in the law of evidence.
(f) Statement made under special circumstances.
(g) Relevancy of judgement of a court of law.
(h) Opinion of third person.
(i) Opinion of experts / third person.
(j) Relevancy of character
3. Evidence : Oral evidence, documentary evidence, kinds of documentary evidence,
when secondary evidence is relevant. Public and private document. Exclusion of oral
evidence by documentary evidence: Application of this principle and its exceptions,
ambiguous documents, kinds of ambiguity.
4. Burden of Proof : Meaning, general principles of burden of proof in civil and
criminal cases and exceptions to it. When burden of proof shifts, proof of legitimacy
of child, proof in dowery deaths and in the matters of rape.
©MGSU Bikaner
5. Estoppel : meaning, essentials, nature and its kinds. Competency of witnesses, when
a person can be compelled to appear as witness, privileged communications and
documents, accomplice, hostile witness.
6. Examination of Witnesses : Order of examinations. kinds of examinations. leading
question, impeaching the credit of witness, questions which can and which cannot be
asked, refreshing the memory of witness, production of documents, Judge's power to
put questions and to order production. Effect of improper acceptance or rejection of
evidence.
Leading Cases :
1. Nishi Kant Jha V. State of Bihar, AIR 1969 SC 422.
2. Himachal Pradesh Administration v. Om Prakash AIR 1972 SC 975.
3. Sat Paul v. Delhi Administration, AIR 1976 SC 294.
4. Laxmipat Chorasia v. State of Maharashtra, AIR 1968 SC 938.
5. Pakala Narayan Swami v. Emperor, AIR 1939 PC 47.
6. Bhardwade Bhogin Bhan Herrji Bhai v. State of Gujarat AIR 1988 SC 753.
7. RM Malkani v. State of Maharashtra, AIR 1973 2SCR 417
Select Bibliography:
1. Ratan Lal - The law of Evidence
2. Batuklal- Law of Evidence
3. Vepa P. Sarathi - Law of Evidence
4. Raja Ram Yadav- Law of Evidence (Hindi)
5. Shyam Sunder Sharma- Law of Evidence (Hindi)
©MGSU Bikaner
PAPER - 3.2, THE CODE OF CRIMINAL PROCEDURE, 1973, JUVENILE
JUSTICE ACT, 2000 AND PROBATION
OF OFFENDERS ACT, 1958.
Note : The questions paper shall contain 10 questions in all. Candidate
is required to attempt 5 questions. Each question is divided into two parts - Part A and Part
B having 16 and 4 marks respectively. Candidate has to answer part A in about 5 pages
and Part B in about 100 words.
(A) The Code of Criminal Procedure, 1973
1. Preliminary :
(a) Object, Extent and definitions (Chapter 1)
(b) Duties of Public:
(i) To assist to police and Magistrate
(ii) To give information about certain offences (Chapter
IV Ss. 37 to 40)
2. Criminal Courts
(a) Territorial divisions and Classifications (Chapter II, Ss 6 to 25).
(b) Powers (Chapter III, Ss. 26 to 31).
3. Pre-Trial Procedure :
(a) Arrest of Persons (Chapter V)
(b) Process to compel appearance (Chapter VI).
(c) Process to compel Production of things (Chapter VII).
©MGSU Bikaner
(d) Information to the Police and their powers of Investigation (Chapter XII)
(e) Bail (Chapter XXXIII).
(f) Jurisdiction of the courts in inquiries and trials (Chapter XIII); Order to furnish
security for keeping peace and good behaviour (ss. 106-124)
(g) Maintenance of Public Order and Tranquility (Chapter-X)
4. Conditions requisite for initiation of proceedings, Complaints to Magistrates,
Cognizance of Offence and Charge (Chapter XIV, XV and XVII).
5. Types of Trials.
(i) Trial before Court of Session (Chapter XVIII).
(ii) Trial of Warrant and Summons Cases (Chapter XIX & XX)
(iii) Summary Trials (Chapter XXI)
6. Judgment (Chapter XXVII)
7. (a) Appeal (Chapter XXIX) Reference and revision (Chapter XXX).
(b) Misc. Provisions:
(i) Irregular proceedings (Chapter XXXV)
(ii) Period of Limitation (Chapter XXXVI)
(iii)Autrefois acquit and Autrefois convict (Sec 300).
(iv) Legal Aid to the accused at State Expenses (S. 303 & 304)
(v) Pardon to an accomplice (Sec 306 to 308)
(vi)Saving of Inherent powers of High Court (Sec. 482).
(vii) Maintenance of Wife, Children and Parents (Sec. 125 to 128).
(B) The Juvenile Justice Act, 2000.
©MGSU Bikaner
Definitions, Competent authorities and institutions for juveniles, Neglected
Delinquent Juveniles. Procedures and competent authorities, special offences in
respect of juveniles.
(C) Probation of offenders Act, 1958:
Definitions, Power of court to require released offenders after admonition on
probation of good conduct, power of Court to require released offenders to pay
compensation under twenty one years of age, Variations of conditions of probation,
Probation in case of 'Offender' failing to observe conditions of bond, provision as to
sureties, Probation Officers, Duties of Probation Officers.
Leading Cases :
1. Tehsildar Singh V. State of UP , AIR 1959 SC. 1012
2. State of U.P. V. Singhara Singh, AIR 1964 SC 359.
3. Nisar Ali V. State of U.P. AIR 1957 SC 336.
4. Purshottam Das Dalmia V. State of West Bengal, AIR 1961 SC. 1589.
5. State of Andhra Pradesh V. Cheemalapati Ganeshwara Rao, AIR 1963 SC 1850
6. Satwant Singh V. State of Punjab, AIR 1960 S.C. 266.
Select Bibliography :
1. Ratan Lal : Criminal Procedure Code.
2. Ganguly, A.C. : A Guide to Criminal Code Practice.
3. The Juvenile Justice (care and Protection of children) Act,2000.
4. Probation of Offenders Act, 1958.
5. Chakravarti, N.K. - Probation system - in the Administration of Criminal justice.
6. Tiwari Y.K.- CR.P.C (Hindi)
©MGSU Bikaner
7. Jain P.C.- CR.P.C (Hindi)
8. M.D. Chaturvedi- CR.P.C etc. (Hindi)
9. B.L. Babel- CR.P.C (Hindi)
PAPER 3.3. THE CODE OF CIVIL PROCEDURE 1908
AND THE LIMITATION ACT, 1963.
Max. Marks : 100 Min. Pass Marks 36
about 100 words.
1. Definitions, suits in general suit of civil nature, stay of suit, Res-judicata, Res-sub
judice, Foreign Judgment, Place of trial, Transfer of suits, Joinder, non-joinder and
mis-joinder of parties and causes of action. Service of summon and pleadings.
2. Execution in general - Courts by which decrees may be executed, powers of the Court
executing the decrees, transfer of decree for execution and modes of execution. Stay
of execution.
3. Suits in particular cases (Orders XXIX to XXXV), Abatement of suits and summary
procedure.
4. Supplemental proceedings, Attachment before judgement, Arrest before judgement,
Temporary injunction and Appointment of Receiver.
5. Appeal- Appeal against order and appeal against decree, Review, Revision and
Reference.
6. Miscellaneous - Transfer of cases, restitutions, caveat and inherent powers
©MGSU Bikaner
7. The Limitation Act, 1963.
Purpose, policy, nature and scope of the Act. Definitions: Application, bond,
defendant, easement, goodfaith, plaintiff, period of limitation, relationship between
limitation, laches, acquiescence, estoppel and resjudicata, disability, Limitation of
suits, appeals and applications, computation of period of limitation, acknowledgement
and part payment, acquisition of ownership by prescription.
Leading Cases :
1. Shri Sinha Ramanuja V. Ranga Ramanuja, AIR 1961 SC 1720.
2. Seth Hukamchand V. Maharaja Bahadur Singh AIR 1933 PC 193
3. Narain Bhagwant Rao V. Gopal Vinayak AIR 1960 SC 100
4. Garikapati Veerava V. Subbiah Chaudhary, AIR 1957 SC 540.
5. Deoki Nandan V. Murlidhar, AIR 1957 SC 133.
6. Deity Pattabhirama Swamy V. Hanmayya, AIR 1959 SC 57.
7. S.M. jakati V. B.M. Borker, AIR 1959 S.C. 282.
Select Bibliography :
1. Mulla- Civil Procedure Code.
2. Singh S.N. - Civil Procedure Code.
3. Sahai on Civil Procedure.
4. Tandon, M.P. - Civil Procedure Code (English & Hindi)
5. Mridula Srivastava - Civil procedure Code (Hindi)
6. A.N. Pandey - Civil Procedure Code (Hindi)
7. C.K. Tekwani- Civil Procedure Code
8. T.P. Tripathi- Civil Procedure Code (Hindi)
©MGSU Bikaner
PAPER - 3.4 LEGAL LANGUAGE, LEGAL WRITING INCLUDING GENERAL
ENGLISH AND INTERPRETATION OF STATUTES.
Max. Marks : 100 Min. Pass Marks:36
about 100 words.
(A) Vocabulary :
1. Use of legal phrases and terms (list of legal terms given below).
2. Pair of words.
3. One word substitution
4. Latin Maxims (Listed Below)
(B) Composition Skills
1. Brief Writing and drafting of notices, letters and applications.
2. Essay Writing on topics of legal interest.
3. Translation (from English to Hindi and Hindi to English)
List of Legal terms which are relevant for LL.B. students:
Abet Abstain Accomplice
Act of God Actionable Accused
Adjournment Adjudication Admission
Affidavit Amendment Appeal
Acquittal Articles Assent
Attested Attornment Averment
©MGSU Bikaner
Bail Bailment Citation
Clause Coercion Code
Cognizable Confession Compromise
Consent Conspiracy Contempt
Contingent Contraband Conviction
Convention Corporate Custody
Damages Decree Defamation
Defence Excheat Estoppel
Eviction Executive Ex-parte
Finding Floating charge Forma Pauperis
Franchise Fraud Frustration
Goodfaith Guardian Habeas Corpus.
Hearsay Homicide Hypothication
Illegal Indemnity Inheritance
Bench Bill Bill of attainder
Bill of rights Blockade Bonafide
By-laws Capital Punishment Charge
Chattles Justiciable Legislation
Legitimacy Liability Liberty
Licence Lien Liquidation
Maintenance Malafide Malfeasance
Minor Misfeasance Mortgage
Murder Negligence Negotiable
©MGSU Bikaner
Instruments Neutrality Non-feasance
Notification Novation Nuisance
Oath Obscene Offender
Order Ordinance Over-rule
De-facto De Jure Deposit
Detention Discretion Distress
Earnest Money Enact Enforceable
Equality Partition Perjury
Petition Plaintiff Pledge
Preamble Pre-emption Prescription
Presumption Privilege Privity
Prize Process Promissory Note
Proof Proposal Prosecution
Proviso Ratify Receiver
Redemption Reference Regulation
Remand Remedy Rent
Repeal Res Judicata Respondent
In Limine Insanity Institute
Insurance Interstate Issue
Judgement Judicial Jurisdiction
Justice Restitution Rule
Ruling Schedule Section
Settlement Sovereignty Specific Performance
©MGSU Bikaner
Stamp duty Status quo Statute
Stay of execution Succession Summons
Surety Tenant Testator
Testatrix Title Tort
Trade Mark Treason Treaty
Trespass Trial Tribunal
Ultra Vires Undue influence Usage
Valid Verdict Vested
Violate Vis-major Void
Voidable Wager Waiver
Warrant Warranty Will
Writ Wrong
LIST OF LATIN MAXIMS:
1. Ab initio (from the beginning)
2. Actio personalis moritur cum persona (Personal actions die with the death of person).
3. Actus Curae neminem gravabit (an act of the court shall prejudice no one).
4. Actus non facit reum, nisi mens sit rea (the act itself
doesnotconstitute guilt unless done with a guilty intent).
5. Actus reus (wrongful act).
6. Ad interim (in the meantime)
7. Ad litem (for the suit).
8. Ad valorum (according to the value).
©MGSU Bikaner
9. Alibi (Plea of being elsewhere)
10. Amicus curaie (friend of the court)
11. Animus (Intention)
12. Audi alterem partem (hear the other side).
13. Caveat emptor (buyer beware).
14. Consensus ad idem (agreement by two persons upon the same thing in the same
sense).
15. Damnum sine injuria (damage without injury).
16. De facto (in fact).
17. De jure (in law).
18. De minimis non curat lex (the law takes no account of trifling matters).
19. Decree nisi (a decree which takes effect after a specified period).
20. Delegatus non potest delegare (a delegated power can not be further delegated).
21. Doli incapax (incapable in malice).
22. Donatio mortis causa (gift by a person on the death bed).
23. Ejusdem generis (of the same category).
24. Eminent domain (the supreme right).
25. Ex-officio (by virtue of an office).
26. Ex-parte (not in the presence of the opposite party).
27. Ex-post-facto (by subsequent act).
28. Factum valet (the fact which cannot be altered).
29. Fait accompli (an accomplished fact).
30. Ignorentia legis neminem excuset (ignorance of law is no excuse).
©MGSU Bikaner
31. In pari materia (in an analogous case, cause or position).
32. Injuria sine damno (injury without damage)
33. Interest republicae ut sit finis litium (it is in the interest of the republic that there
should be an end of law suit).
34. Intra-vires (within the powers)
35. Jus tertii (The right of a third party)
36. Lis pendens (pending suit)
37. Mens rea (a guilty mind)
38. Mesne profits (the profits received bya person on wrongful possession).
39. Nemo det quod non habet (no man can't transfer better title than he has himself).
40. Nemo det bis vexari pro et idem causa (no man be twice vexed for the same cause).
41. Nemo in propria causa judex esse debet (no one ought to be a judge in his own case)
42. Nolle prosequi (to be unwilling to prosecute).
43. Obiter dicta (an opinion of law not necessary to the decision)
44. Onus probandi (the burden of proof)
45. Pacta sunt servanda (pact must be respected)
46. Pendente lite (during litigation) 47. Per Capita (per head)
48. Per incuriam (through inadvertence or carelessness).
49. Per stripes (by stocks)
50. Plenum dominium (full stocks)
51. Pro bono publico (for the public good)
52. Ratio decidendi (grounds for decision, principles of the case).
53. Res geste (connected facts forming the part of the same transaction).
©MGSU Bikaner
54. Res ipsa loquitur (the thing speaks for itself)
55. Res judicata (a matter already adjudicated upon).
56. Res nullius (an ownerless thing)
57. Rule nisi (a rule or order upon condition that is to become absolute when cause is
shown to the contrary).
58. Status quo (existing position)
59. Sub judice (in course of adjudication).
60. Sui juris (one's own right).
61. Suo motu (of ones own accord)
62. Ubi jus ibi remedium (where there is a right, there is a remedy).
63. Ultra vires (beyond the powers of).
64. Volenti non fit unjuria (Risk taken voluntarily is not actionable).
1. Galnville William : Learning the Law.
2. Wren & Martin : English Grammar.
3. Ganga Sahai Sharma : Fundamental of Legal Writing.
4. Hindi-English Legal glossary : Vidhi Sahitya Prakashan, Ministry
of Law, Government of India, New Delhi.
5. David Green : Contemporary English Grammar, structure and composition.
6. Ishtiaque Abidi : Law and Language.
7. Law Lexicon & Legal Maxims by Venketaramanaija.
INTERPRETATION OF STATUTES:
©MGSU Bikaner
Meaning of Interpretation -
Basic principles of interpretation - intention of the Legislature,
Statute be read as whole, Plain meaning rule. Harmonious Construction. Golden and
Mischief rule - Pith and Substance rule.
Aids to Interpretation - External - Parliamentary - Legislative debates, Statement of
objects and reasons. Dictionary, Statute in Pari materia, Contemporanea expositio,
Internal - Title, Preamble. Heading, Marginal Notes, Proviso and Punctuation,
Principles of Interpretation of Constitution, Penal and Fiscal Statutes.
Leading Cases :
1. Heydon's Case (1584) 3 Co Rep. 7a p. 76: ER 637
2. Bengal Immunity Company v. State of Bihar, AIR 1955 SC 661.
3. Alamgir V. State of Bihar, AIR 1959 SC 436.
4. Inder Singh V. State of Rajasthan, AIR 1957 SC 510.
1. Maxwell - The interpretation of Statutes.
2. Crawford - Statutory constitution.
3. Craies - Statute Law.
4. Swarup - Interpretation of Statutes.
5. Bindra - Interpretation of Statutes.
6. Sarathi - Interpretation of Statutes.
7. Bhattacharya, T., - Interpretation of Statutes (English & Hindi)
8. Radha Gupta- Interpretation of Statutes (Hindi)
©MGSU Bikaner
PAPER - 3.5 TRUST, EQUITY AND
FIDUCIARY RELATIONS
Note : The questions paper shall contain 10 questions in all. Candidateis required to
about 100 words.
1. Equity : Concept of Equity - Origin and Growth of Equity in England - Maxims of
equity - Equitable rights - Equitable remedies.
2. Indian Trust Act, 1882: Definition- Creation of Trusts- Duties and liabilities of
Trustees- Rights and Powers of trustees- Disabilities of trustees- Rights and
Liabilities of the Beneficiary, Vacating the office of Trustees- Extinction of Trust-
Certain obligations in the nature of Trust.
3. Rajasthan Public Trust Act, 1959: Definition and Validity of certain public trust-
Registration of Public Trust- Management of Public Trust property- Powers of
officers in relations to Public Trust- Control of Public Trust- Special provisions in
respect of certain trust- Dharmada, Procedure and Penalties.
Leading Cases :
1. Hindu religious Endowments, Madras V. Shri Lakshmindar Thiratha Swamiar of Shri
Shirur Mutt, AIR 1954 SC 282.
2. Durgah Committee, Ajmer V. Syed Hussain Ali AIR 1961 SC 1402.
3. Surajmal Singhvi V. State of Rajasthan , 1966 RLW 556.
4. Tilakayat Shri Govindlalji V. State of Rajasthan, AIR 1963 SC 1630.
©MGSU Bikaner
1. Upadhyaya, J.J. R.- Equity, Trusts with Fiduciary Relation and Specific Relief.
2. Gandhi, B.M- Equity, Trusts and Specific Relief.
3. Varadachari, V.K.- Law of Hindu Religious and Charitable Endowments.
4. Varadachari, V.K. - Public Trusts and Taxation.
5. flag] th-ih- % lkE;k] U;kl ,oa fof'k"V vuqrks"k vf/kfu;e
PAPER 3.6 OPTIONAL PAPER (ANY ONE)
PAPER - 3.6 (A) CRIMINOLOGY AND PENOLOGY
about 100 words.
1. Criminology : Definition, nature and scope, method of studying, importance and
classification of crime.
2. Criminal behaviour :
(a) Explanations.
(b) Psychological theories, Alcoholism and Drugs.
(c) Crime and social process : Economic Motivation, Socio-cultural Motivations,
home and community influences, white collar crime, Female offender, juvenile
Delinquency, influence of mass-media
3. Schools of Criminological Thought ( Factors in causation of criminal behaviour).
©MGSU Bikaner
i. Ancient School
(a) Demonological
(b) School of Free Will
ii. Classical School.
iii. Cartographic or ecological school.
iv. Socialistic School
v. Typological School
(a) Italian or positive school
(b) Mental Testers School
(c) Psychiativists School.
vi. Sociological School.
vii. Multi factor School.
4. Control of Crime: Police and Law courts, Prison system, Re-socialization of the
offender, Rehabilitation of discharged prisoners in the administration of Criminal
justice, prevention of crime delinquency.
5. Definition of Punishment, Relationship between Criminology and Penology;
Theories of Punishment: Expiatory, Preventive and reformative and purposes of
punishment.
Penal Science in India: History of Punishment, Pre-classical School, Neoclassical,
Positive School. Reformers, Clinical School and multiple causation approach.
6. Kinds of Punishment : modes of treatment of offenders, corporeal punishment,
Transportation of criminals, Capital punishment, imprisonment, reactional treatment,
parole, compensation, admonition, sex and adolescent offenders, indeterminate
©MGSU Bikaner
Sentences, Borstal School, Criminal procedural Jurisprudence. Constitutional
Guarantees - Principles of natural Justice as applicable in procedural law, Protection
to arrested persons. Under-trials, detenue and convicted persons. Double jeopardy,
self-in-crimination and right to life and legal aid.
Leading Cases :
1. Gura Singh V. State of Rajasthan, 1984 Cr. LJ 1423 (1428)
2. Francis Coralie Mullin V. Union Territory Delhi, AIR 1981 SC. 746.
3. R.K. Garg V. Union of India (1981) 133 ITR 239.
4. Mithu V. State of Punjab, AIR 1983 SC 473.
1. Barnes, H.B. - Teeters - New Horizons in Criminology.
2. Vold, G.S. - Theoritical Criminology.
3. Pillai, K.S. - Criminology.
4. R. Taft, Donald - Criminology.
5. Edwin, H. Sutherland and Donald R. Grussey- Principles of Criminology
6. Horman Mannhaim - Pioneers in Criminology.
7. Hon, Barren, Mays - Crime and the Social Structure.
8. Ahmed Siddiqui - Criminology - Problems & Perspectives
9. Lord Pakenham - Causes of Crime.
10. S.Venugopala Rao - Facts of Crime in India.
11. Korm, R.R. and Mc Gorble, LW - Criminology and Penology.
12. Grunhut - Penal Reforms.
13. Mandholm - Criminal Justice and Reconstruction.
©MGSU Bikaner
14. Garden Rose - The Struggle for Penal reform.
15. I.L.I. - Essays on Indian Penal Code.
16. Ben - Penology - Old and New - Tagore Law Lectures.
17. Elliot - conflicting Penal Theories in Statutory in Criminal Law.
18. Shamshul Huda - Tagore Law Lectures on Criminal law.
19. Lawburse - Crime, Its causes and Remedies.
20. Dequires - Modern Theories of Criminology.
21. Gillin - Criminology and Penology.
22. Deccaria - Crime and Punishment.
23. N.V. Paranjape - vijk/k'kkL= ,oa n.M iz'kklu
24. M.S. Chauhan - vijk/k'kkL= ,oa vijkf/kd foKku fl}kUr
25. B.L. Babel - vijk/k'kkL=
26. The Criminal Procedure Code.
27. The Constitution of India.
PAPER - 3.6 (B) INTELLECTUAL PROPERTY LAW
about 100 words.
©MGSU Bikaner
1. Introductory : The meaning of intellectual property, Competing rationales of the
legal regimes for the protection of intellectual property, The main forms of
intellectual property : copyright trademarks, patents, designs, The competing
rationales for protection of rights in, Copyright, Trade marks, Patents, Design, Trade
secrets, Other new forms such as plant varieties and geographical Indians,
Introduction to the leading international instrument concerning intellectual property
right : the Berne Convention, Universal Copyright Convention, the Paris Union
TRIPS the World intellectual Property Right Organization (WIPO) and the UNESCO.
2. Select aspects of the law of copyright in India : Historical evolution of the law,
Meaning of copyright, Copyright in literary, dramatic and musical works, Copyright
in sound records and cinematograph films, Copyright in computer programme,
Ownership of copyright, Assignment of copyright, Author's special right, Notion of
infringement, Criteria of infringement, Infringement of copyright by films of literary
and dramatic works, Importation and infringement, Fair use provisions, Piracy in
internet, Aspects of copyright justice, Remedies, especially, the possibility of Anton
pillar injunctive relief in India.
3. Intellectual Property in Trademarks : The rationale of protection of trademarks as
(a) an aspect of commercial and (b) of consumer rights, Definition and concept of
trademarks, Registration, Distinction between trademark and property mark, The
doctrine of honest Current User, The doctrine of deceptive similarity, Protection of
well-known marks, Passing off and infringement, Criteria of infringement, Standards
of proof in passing off action, Remedies.
©MGSU Bikaner
4. The law of intellectual property : patents : Concept of patent, Historical view of
the patents law in India, Patentable inventions with special reference to biotechnology
products entailing creation of new forms of life, Patent protection for computer
programme, Process of obtaining a patent : application, examination, opposition and
sealing of patents : general introduction, Procedure for filing patents, patent co-
operation treaty, Some grounds for opposition, The problems of limited locus standi
to oppose, specially in relation to inventions having potential of ecological and mass
disasters, Wrongfully obtaining the invention, Prior publication of anticipation,
Obviousness and the lack of inventive step, Insufficient description, Rights and
obligations of a patentee, Patents as chose in action, Duration of patents : law and
policy considerations, Use and exercise rights, Right of secrecy, The notion of
"abuse" of patent rights, Compulsory licenses, Special Categories, Employee
invention : Law and Policy Consideration, International Patents, Transfer of
Technology, Know-How and problems of self reliant development, Infringement
Leading Cases :
1. Manu Bhandari v. Kalankar Pictures Pvt. Ltd. AIR (1987) Del. 13.
2. Nac Sahitya Prakash V. Anand Kumar,AIR 1981 All 200 at P.203.
3. Brudaban Sahu V. Rajendra Subudhi, AIR 1986 Orrisa 210 at p.211.
4. R.G. Anand V. Messers Deluxe Films, AIR 1978 SC 1513 p. 1627.
1. Designs and Patents Act, 1988.
2. International Copy right and Neighbouring Right - G.M. Stewart.
3. Indian Copy-right Act, 1957.
©MGSU Bikaner
4. Borne Convention Implementation Act, 1988.
PAPER - 3.6 (C) LAW OF MEDICINE
Max. Marks: 100 Min. Pass Marks:36
about 100 words.
1. The Establishment of Indentity of Individuals - Branding, tatooing, Mutiating, Scars
and Moles, Bantillon system : photography : fingerprints : ridge characteristics :
Proscopy.
2. Injuries : (HURT) : Definition in law (Sec. 319, 320 I.P.C.) Grievous Injury,
Classification, Cardinal fracures of different types of injuries, Age of injuries.
3. Burns & Scars : Classification of burns (Depurants), Causes of death after burns,
Simple and grievous burns, Area of the body surface in burns and its relationships,
Ante-mortem and post-mortem burns.
4. Ashpyxia and Drowing : Cause of asphyzia, post-mortem appearances, Various types
of violent asphysial deaths like hanging, Strangulation, throttling and traumatic
asphyxia, and the post morten appearances commonly seen in these conditions,
Drowning - Cardinal post-mortem signs : Cadaveric apasm of hands, Signs in the air
passages, Stomach contents, Sign in the lungs, Demostration of diatoms in the
viscera.
©MGSU Bikaner
5. Secual Offence : Rape : Definition (Sec 375 I.P.C.), Examination of victim - Anatomy
of hymen, Positive signs of rape, Examination of the accused, Medico legal aspects,
Sodomy : Examination of the victim, Signs in the habitual passive agent, Examination
of the accused,
6. Autopsy : Procedure - Aims & Objects - Difficulties, Problems, Times since death -
Description of post- mortem changes, Estimation of time since death from rigor post-
mortem staining, putrefaction, adipocere formation nummification changes in the
eyes, skin, primary and secondary relaxation. In drowing cases from floatation of the
body, In dead bodies after burial From the change in the degree of digestion of
stomach contents, from the change of the cerebo spinal fluid and the narrow cells of
the sternum, Cause and manner of a death, Ante mortem or post-mortem injuries,
Examination of human remains skeletal and multilated remains, Establishment of age,
Sex and Stature for the purpose of identity, Infanticide, Definition dead born, still
born viable foetus, criteria for separate existence, Exhumation : Rules and Procedure,
7. Examination of Blood Stains : Physical, Chemical & Serological, Blood grouping its
basic principles.
8. Poisons : Classification of poisons, Diagnosis of poisoning. Examination of poisoning
case. Brief Toxicology of the following common poisons-Opium, Dhatura
Barbivaratcs, Cannabis India, Arsenic, Copper Sulphate, Lead Stryehnine, Cocaine,
Alcohol Organo Phosphours Compunds, Carbonmonoxide, Hytiocyanci Acid, Pot
Cynide, Phosphorus, Snake bite.
1. Parikh's Text Book of Medical Jurisprudence and Toxicology, by Dr. C.K. Parikh.
©MGSU Bikaner
2. Medical Jurisprudence and Toxicology by Jai singh, S. Modi.
3. Forensic Chemistryand Scientific Criminal Investigation by Lucas A.
4. B.L.Babel- Medical Jurisprudence (Hindi)
Leading Cases :
1. Sada Shiv Mohan Chandra V. State of Kerala, AIR 1994 SC 565.
2. Keru Singh V. State of Rajasthan, 1994 Cr. Lj. 187 SC
3. Jose V. State of Kerala, 1994 SCC (Cr.) 1659
4. Miss Narayanamma V. State of Karnataka, 1994 SCC 573.
5. Hemchandra V. State of Haryana, AIR 1995 SC 120.
PAPER - 3.7 ARBITRATION, CONCILIATION AND ALTERNATIVE DISPUTES
RESOLUTION SYSTEMS
Max. Marks: 100 Min. Pass Marks:36
Note : The question paper shall contain 10 questions in all. Candidate is required to
about 100 words.
1. The Arbitration and Conciliation Act 1996: General provisions, arbitration
agreements; Arbitral tribunals (composition and jurisdiction) conduct of arbitral
proceddings, Arbitral awards, Termination of proceedings, setting aside of arbitral
award-enforcement of arbitral awards.
2. Conciliation- Conciliators, appointment of conciliators, relationship of conciliators
with the parties, settlement agreement-status and effect of settlement agreements.
©MGSU Bikaner
Terminations of conciliation proceedings, resort to judicial proceedings, costs and
deposits.
3. Alternative dispute & resolution system: Objects and role of committee for
implementation of legal aid schemes (CILAS). The Legal services authorities act,
1987 (as amended by the act of 2002)- The national legal service authority, State legal
service authority and District legal service authority- constitution and functions; Lok
Adalat- Organisation, cognizance of cases, award and powers. Permanent Lok Adalat-
establishment, cognizance of cases, procedure and award. Study of other alternative
dispute resolution system in brief such as Nyay Panchayat and Family courts.
Leading Cases:
1. Sundaram Finance Ltd. Vs NIPC India Ltd. (1999) 2 SCC 479
2. NMTC Ltd. Vs. Sterlite Industries Ltd. 1996(4) SCC 219
3. Lotus Investment and Securities Vs. Pramod S. Tiberwal 1996(2) SCC 579
4. State of Rajasthan Vs. Bharat Construction Co. 1998 (4) CCs 172 (Raj.)
Selected Bibliography:
1. G.C. Mathur, Arbitration and Conciliation Act, 1996.
2. S. Krishnamurthy: Law of Arbitration and Conciliation.
3. P.M.Bakshi: Arbitration Law.
4. O.P. Tiwari: The Arbitration and Conciliation Act, 1996
5. Avtar Singh: Law of Arbitration and Conciliation.
PAPER - 3.8 LAND LAWS
©MGSU Bikaner
Note : The question paper shall contain 10 questions in all. Candidate is required to
about 100 words.
1. Rajasthan Tenancy Act 1955: Preliminary, Khudakhasht, classes of tenants,
conferenent of rights on certain sub-tenants of Khudakhasht, primary rights of tenant;
devolutions, transfer, exhcnage and divisions; Surrender, abandonment and extinction
of tenancies; improvements; trees; ejectment- general; grove holder, Ijaradar,
thekedar; procedure and jurisdiction of revenue courts- general, power of courts,
appeal, review, revision and reference; question of property in revenue court and
question of tenancy right in civil courts, conflict of jursidiction.
2. Rajasthan Land Revenue Act 1956: Preliminary, the board of revenue, revenue
courts and officers, appeal, reference, revision and review; land; survey and record
operations- record of rights, maintenance of maps, records and annual regiters.
Settlement operations; division of land and collection of revenue.
3. The Rajasthan Rent Control Act, 2001 (Act No. 01 of 2003 as amended by
Rajasthan Act No. 21 and 22 of 2005): Preliminary, Revision of Rent, Tenancy-
Limited period tenancy, eviction of tenants, right of landlord to recover immediate
possession in certain cases. Restoration of possession of illegally evicted tenant and
procedure thereof. Constitution of Tribunals, procedure for revision of rent and
eviction, appeal and execution. Amenities and miscellaneous provisions.
Selected Bibliography :
©MGSU Bikaner
1. S.K. Dutta- Rajasthan Tenancy Act, Rajasthan Land Revenue Act, Rent Control in
Rajasthan.
2. Mathur & Mathur- Land Laws in Rajasthan.
3. Dr. G.S. Karkara- Land Laws in Rajasthan.
Leading Cases :
1. Ugam Raj v. Civil Judge(SD) Sojat City & ors. 2005(6) RRD 2180 (Raj.)
2. Heera Lal v. Rent Tribunal, Bikaner & ors. 2005(7) RRD 2648 (Raj.)
3. Nathu Singh v. Laxman Singh 1995 RRD 124
4. Panne Singh v. Guman Singh 1964 RRD 101
5. Shivshankar v. Murli Sri Bade Mathureshji 1996 RRD 316
6. Bhohra v. Ganesh 1996 RRD 71
PRACTICAL PAPER : 3.9
DRAFTING, PLEADING, CONVEYANCING
AND MOOT COURT TRIAL
This paper will consist of following two parts -
(A) Written Paper : 80 marks Min. Pass Marks : 29
Note : The question paper shall contain 8 questions in all. Candidate is required to attempt
4 questions. Each question is divided into two parts - Part A and Part B having 16
and 4 marks respectively. Candidate has to answer part A in about 5 pages and Part B
in about 100 words.
(B) Practical Paper : 20 marks Min. Pass Marks : 7
©MGSU Bikaner
The Practical examination shall be conducted by a committee of 2 examiners. In this
committee there shall be one internal and one external examiner.
3.9(A)Written Paper
(1) Drafting & Pleading :
General principles of Drafting and relevant substantive rules of pleading and their
exceptions: Amendments of Pleading ; Alternative and Inconsistent Pleadings.
(2) Drafting Exercise on Pleadings :
(a) Civil - (i) Plaints (ii) Written Statement : (iii) Interlocutory application, (iv)
Original petition, (v) Affidavit, (vi) Notice, (vii) Execution petition, (viii)
Memorandum of Appeal and Revision, (ix) Writ petitions.
(b) Criminal- (i) Complaints ; (ii) Bail Applications; (iii) Accused's reply ; (iv)
Criminal Miscellaneous Petition, (v) Appeal, Reference and Revision
(c) Conveyancing - Drafting exercise on conveyancing (i) Sale Deed; (ii) Mortgage
Deed; (iii) Gift Deed; (iv) Lease Deed; (v) Rent Deed; (vi) Partnership Deed; (vii)
Power of Attorney; (viii) Promissory Note and (ix) Will.
3.9(B)Practical Paper:
(1) Pre-trial Preparation : Each student will observe two interviewing session of clients
at the advocate office / legal office and record the proceedings in a diary.
(2) Participation in Trial Proceedings : Each student will attend two trials during the
session and maintain a record and enter the various steps observed during in a diary.
(3) Moot Court : Each student will participate in two Moot courts
(4) Viva-voce : The Viva-voce examination shall be conducted by a committee of two
persons. In this committee there shall be one Internal and one External Examiner. The
©MGSU Bikaner
committee shall award marks on the basis of Court diary, performance at the Moot
court and Viva-voce Examination.
The division of marks will be as under:
(1) Record maintained by the student 5 marks
(2) Participation in Moot court 5 marks
(c) Viva-voce 10 marks
©MGSU Bikaner

LLB 2015 PDF

Uploaded by

Document Information

Original Title

Copyright

Available Formats

Share this document

Share or Embed Document

Sharing Options

Did you find this document useful?

Is this content inappropriate?

Copyright:

Available Formats

LLB 2015 PDF

Uploaded by

Copyright:

Available Formats

ORDINANCES RELATED TO LL.B.

(Three - Year Course)

EXAMINATIONS - FACULTY OF LAW

Three Year LL.B. (P) Course :

1. LL.B. (P)/LL.B. (A) First Year Examination at the end of

the First Year.

2. LL.B. (P)/LL.B.(A) Second Year Examination at the end

of the Second Year.

3. LL.B. (P) Third Year Examination at the end of

the Third Year.

Science/Commerce/Medicine/Management/Engineering/Nursing/Agriculture or the degree

of Shastri/Acharya or the degree of Ayurvedacharya /Ayurveda Brihaspati, B.B.A., BCA,

Bachelor's/Master's Degree Examination.

there by the competent authority.

on the course he/she has taken.

regular course of study from the University/Constituent College or from an affiliated

regular course of study from the University/Constituent College or from an affiliated

(Professional) in supersession of his/her degree of the Bachelor of Laws (Academic). This

fact shall be inserted in the degree of Bachelor of Laws (Professional).

papers prescribed in the Regulations.

20 marks. A candidate shall be required to pass separately in Part A and Part B

such papers the candidate has to secure at least 36% marks.

The Vice-Chancellor may, on the recommendation of the Dean, Faculty of Law, of

examination (as an Ex-Student) in order to determine his/her result.

has to take a fresh admission in that class as regular student.

aggregate in all the three classes of LL.B. I/II/III year Examinations.

division and rest in the second division.

Eligibility for Supplementary Exams:

following supplementary examination. If he/she is otherwise eligible to appear in

admission if granted in higher class shall be treated automatically cancelled.

for awarding his/her division.

LL.B. First Year Exam. 2016

1.1 Contract-I (General Principles of Contract, and consumer

Protection Act, 1986) (as amended up-to date).

1.2 Contract-II (Specific Contract, Sale of Goods Act, 1930, Indian

Partnership Act, 1932 and Specific Relief Act, 1963)

1.3 Law of Torts and Motor Vechicle Act.

1.5 Family Law-II (Mohammedan Law)

1.6 Constitutional Law of India

1.7 Environmental Law

Optional Paper (Any One)

1.8 (a) Legal and Constitutional History of India.

1.8 (b) Rajasthan Local Laws

1.8 (c) Criminal Minor Acts.

1.9 Professional Ethics, Lawyer's accountability and Bar-Bench relations.

LL.B. Second Year Exam 2016

2.2 Law of Crimes

2.3 Law relating to Transfer of property & Easement

2.4 Company Law

2.5 Public International law and Human rights

2.6 Labour Laws

Optional Paper: (Any One)

2.8 (a) Taxation Law

2.8 (b) Insurance Law

2.8 (c) Banking Law including Negotiable Instrument Act, 1881.

LL.B. Third Year Exam 2016

3.1 Law of Evidence

3.2 The Code of Criminal Procedure, 1973, Juvenile Justice Act,

2000 and Probation of Offenders Act, 1958.

3.4 Legal Language, Legal Writing including General English and

3.5 Trust, Equity and Fiduciary Relationship

Optional Paper: (Any One)

3.6 (A) Criminology and Penology